Digital Equipment Corporation, United States of America was taken over by the assessee for an amount of Rs.83.99 Crores and the details of net assets taken over and the particulars of liability, loans, etc. were furnished in the agreement. However, no particulars concerning depreciation claims on intangible assets of Rs.9,07,25,000/-were furnished. The Assessing Officer held that the assessee was not entitled to depreciation on intangible assets under section 32(l)(ii) of the Act. However, the CIT (A) allowed the claim of the assessee by following the previous decision of the Delhi Bench of the Tribunal, which has been upheld by the High Court of Delhi in CIT v. Hindustan Coca-Cola Beverages (P.) Ltd. [2011] (9 taxmann.com 104/198 Taxman 104/331 ITR 192). The Tribunal upheld the order passed by the CIT (A). On further appeal by Revenue, the High Court by following the judgment of the Supreme Court in the case of SMIFS Securities Ltd. (328 ITR 302) upheld the order passed by the Tribunal and held that the AO himself had found that goodwill was calculated on which depreciation u/s. 32 of the Act was allowable. (AY. 2000-01)