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    <title>2026 (5) TMI 1119 - ITAT DELHI</title>
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    <description>Depreciation on intangible assets acquired as part of a going concern was allowable where the same claim had been accepted in earlier assessment years and the Tribunal had already upheld depreciation on those assets in the assessee&#039;s case. No distinguishing facts were shown for the year under appeal, so a different view was not justified. The revenue&#039;s reliance on a Supreme Court decision was rejected because that precedent was factually distinguishable and not controlling on the issue. The assessee therefore succeeded on allowance of depreciation.</description>
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      <link>https://www.taxtmi.com/caselaws?id=791917</link>
      <description>Depreciation on intangible assets acquired as part of a going concern was allowable where the same claim had been accepted in earlier assessment years and the Tribunal had already upheld depreciation on those assets in the assessee&#039;s case. No distinguishing facts were shown for the year under appeal, so a different view was not justified. The revenue&#039;s reliance on a Supreme Court decision was rejected because that precedent was factually distinguishable and not controlling on the issue. The assessee therefore succeeded on allowance of depreciation.</description>
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      <pubDate>Wed, 15 Apr 2026 00:00:00 +0530</pubDate>
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