Assessee-company acquired another company in a  scheme of amalgamation approved by High Court. Year under consideration was 2nd year after recording transaction of all assets and liabilities acquired in scheme of amalgamation. Assessee paid more consideration against net assets acquired by it from amalgamating company by way of issuing shares and as such, excess consideration paid by assessee was treated as goodwill. Assessee claimed depreciation on such goodwill which was rejected. On appeal the Tribunal held that in view of fact that assessee was allowed depreciation in respect of such goodwill in 1st year of amalgamation, following principle of consistency, assessee’s claim was to be allowed in assessment year in question as well.  (AY. 2007-08 to 2009-10.