2017 (10) TMI 373

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....xpenses? [B] Whether the Appellate Tribunal erred in law and on facts in deleting the addition of Rs. 1,09,600/- made by treating the expenses incurred on Registration of trade mark as capital expenses? [C] Whether the Appellate Tribunal erred in law and on facts in deleting the addition of Rs. 2,23,307/- u/s. 40(a)(ia) of non-deduction of TDS u/s. 194C of the I.T. Act, 1961? [D] Whether the Appellate Tribunal erred in law and on facts in deleting the disallowance of Rs. 1,05,468/- made on account of depreciation on non-compete fees? [E] Whether the Appellate Tribunal erred in law and on facts in allowing depreciation of Rs. 7,19,01,743/- on so called goodwill which was only a book entry created on the event of amalgamation and that....

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....e assessee presented revised computation which included the assessee's claim of depreciation of Rs. 7.19 crores on the goodwill expanded at the time of amalgamation of the companies. The assessee pointed out that such claim would be allowable by virtue of the judgement of the Supreme Court in case of Commissioner of Income-Tax, Kolkata vs. Smifs Securities Ltd. reported in 348 ITR 302. The Assessing Officer disallowed the claim on two grounds. Firstly, that the claim was not made in the original return nor did the assessee file the revised return. The second ground was that the claim was fictitious and the goodwill has been accounted as a balancing factor in the hands of the assessee without acquisition of an intangible asset as contemplate....

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....onal Thermal Power Co. Ltd. vs. Commissioner of Income-tax (supra) and that is how various High Courts have viewed the dictum of the decision in the case of Goetze (India) Ltd. vs. Commissioner of Income-tax (supra). When it comes to the power of Appellate Commissioner or the Tribunal, the Courts have recognized their jurisdiction to entertain a new ground or a legal contention. A ground would have a reference to an argument touching a question of fact or a question of law or mixed question of law or facts. A legal contention would ordinarily be a pure question of law without raising any dispute about the facts. Not only such additional ground or contention, the Courts have also, as noted above, recognized the powers of the Appellate Commis....