2026 (5) TMI 1119

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....hri Manoj Kumar, Sr. DR (Through VC) ORDER PER VIKAS AWASTHY, JM: This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [in short 'the CIT(A)'] dated 16.12.2025, for Assessment Year 2022-23. 2. The assessee in appeal has assailed the order of CIT(A) in confirming disallowance of depreciation Rs. 40,05,8....

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..... The assessee, in the impugned assessment year, claimed depreciation on intangible assets as it was claiming in the preceding assessment years. The same was denied by the AO. In the preceding assessment years, a similar claim of depreciation on intangible assets made by the assessee was denied by the AO. In appeal before the CIT(A), the assessee's claim of depreciation was allowed year after year....

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.... the assessee failed to produce any evidence to show that the licenses/permits are still enforceable and that the assessee is deriving benefits therefrom. The ld. AR submitted that the amount paid for acquiring intangible assets has already been capitalized, and the assessee is now eligible for depreciation. 4. Per contra, Shri Manoj Kumar representing the department supporting findings of the ....