2014 (7) TMI 413

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.... Shri B.P.K. Panda ORDER   Per R. C. Sharma, AM : This miscellaneous application is filed by the assessee under Section 254(2) of the I.T. Act, arising out of the order of the Tribunal passed in ITA No.4106/Mum/2012 along with C.O.No.202/2009, dated 3-2-2012. 2. Shri Rajan R. Vora, appeared on behalf of the assessee and contended that the Tribunal vide its order dated 3-2-2012 ....

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....m of depreciation on goodwill was declined :- "the assessee himself taken the ground, no specific arguments were advanced before us. In any case, once the assessee has himself accepted this payment as goodwill simplicitor, there cannot be any good reason to uphold the admissibility of depreciation thereon. We, therefore, reject the grievance of the assessee as well." As per learned AR, the i....

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....take in the order of the Tribunal within the meaning of Section 254(2) of the Act. 4. We have considered rival contentions, gone through the miscellaneous application filed by the assessee as well as order of the Tribunal. We found that the Tribunal vide its order dated 3-2-2012 disposed of the Revenue's appeal in ITA No.4106/Mum/2007 and Cross Objection filed by the assessee bearing CO No.202/....