Held that the eligibility of the assessee’s claim of depreciation had not been examined in detail by the Assessing Officer during the course of assessment proceedings, i. e., whether the assessee was eligible to claim depreciation on “goodwill” as per assessee’s books as “intangible assets” under section 32 of the Act, as per assessee’s submissions before the Department. Accordingly, in the interest of justice, this issue was to be restored to the Assessing Officer to examine firstly, whether or not depreciation was allowable on the asset and under which category the assessee was claiming depreciation, i. e., as depreciation on goodwill or as depreciation of “any other commercial right” or “intangible asset” under section 32 of the Act. The Assessing Officer may also examine that the necessary supporting documents in justification for the assessee’s claim of depreciation. (AY. 2007-08, 2008-09)
Joshi Technologies International Inc. v. Asst. CIT (IT) (2024)109 ITR 70 (Ahd)(Trib)
S. 32 : Depreciation-Block of asset-Good will – Intangible assets – Commercial assets – Matter is restored. [S. 32(1(ii)]
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