2020 (11) TMI 452

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....ure For the Respondent : Shri Sandip Bagmar ORDER This is an appeal by the Revenue directed against order of learned CIT(A)- 56, Mumbai, dated 14.03.2019, pertaining to assessment year 2015-16. 2. The only grounds of appeal raised by the Revenue read as under: "1. Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) was right in directing the AO to all....

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....ent has filed an appeal before the JTAT, Mumbai against the directions of DRP before Hon'ble ITAT Mumbai and the matter is sub judice. 4.4 In view of the above and as per the stand taken by the Assessing officer in earlier years and stand taken by the department the claim of depreciation made by the assessee on goodwill amounting to Rs, 83,491,831/-- is hereby disallowed. As a result ....

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.... in directing the AO to allow depreciation of Rs. 1,36,31,137/- on Goodwill and Non-compete Fees, without appreciating the facts of the case that the consideration of Rs. 10r90,49,099/-paid by the assessee included consideration of Rs. restraining the seller to carry on a similar business for a period of 8 years. B. In AY 2013-14, the sum claimed as depreciation on goodwill was not accept....

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....le assets as claimed by assessee on goodwill/non-compete fee after correcting computing opening WDV based on appellate decision for A.Y. 2012-13, 2013-14 and 2014-15. The alternate grounds turns inconsequential and needs no adjudication. 7. We find that this Tribunal in assessee's own case for A.Y. 2012-13 vide order dated 11.07.2018 has upheld the order of the CIT(A) in deleting the disallowan....