2015 (8) TMI 1567

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....ound No. 16. 2. While admitting that the Tribunal adjudicated on various issues including the additional ground of appeal at Ground No. 17, the petitioner contends that the facts relating to depreciation on goodwill, even though was on record and placed on record in the course of hearing, the said facts were not considered. It was contended that: "3. During the course of the proceedings, when the Hon'ble Tribunal wanted to know whether the facts related to the depreciation on goodwill was on record, the annual accounts, copy of scheme of amalgamation, computation of goodwill in the Books of accounts was shown to the Hon'ble Members. With the permission of the Bench, the copies of the same were submitted on the same day, vide submission d....

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.... are considering appeal in AY.2009-10. How, the goodwill arose what is the amount and why assessee has not claimed depreciation and other issues require examination in AY.2007-08. In AY.2009-10, if a depreciation was allowed on an asset which is in the block of assets in earlier year, only consequential depreciation can be allowed. Since assessee is claiming fresh depreciation on the goodwill, which arose in AY.2007-08, we cannot allow the ground in this assessment year. As rightly held by the Hon'ble Supreme Court in the case of S.A. Builders Ltd., [289 ITR 26 (SC)], additional ground cannot be considered, in the absence of any facts on record. 15.3 In view of this, since the issue did not arise in the year under consideration and the f....