Assessee is engaged in business of wholesale trading and distribution of mobile phones and accessories. The assessee had acquired trademark from   Univercell Telecommunications India ( P)   Ltd.  and claimed depreciation on said intangible asset. Genuineness of agreement was doubted on ground that agreement was on post dated stamp paper . AO also questioned necessity of procuring trademark and again giving back to same party for a consideration of 0.01 per cent of turnover . The AO  held that that transaction was mala fide and disallowed claim for depreciation . CIT(A) confirmed the order of the AO. Tribunal held that as regards first objection, fact that agreement was entered on post dated stamp paper was immaterial and not germane to decide whether or not transaction was genuine .  As regards as commercial expediency was concerned, it was not open to AO to question necessity of incurring an expenditure as he could not step into shoes of assessee to determine as to how business activities were to be conducted . Accordingly the  order  passed by AO denying assessee’s claim for depreciation was set aside .(AY. 2007 -08 to 2009 -10)