JX Nippon Two lubricant India Pvt. Ltd. v. DCIT (2021) 210 TTJ 722 / 202 DTR 59 (Delhi)(Trib.)

S. 32 : Depreciation-Goodwill-Capitalized goodwill on account of excess consideration-Commercial rights-Eligible depreciation. [S. 32(1)(ii)]

The Hon’ble Tribunal relying on the SC decision of CIT v. Smifs Securities Ltd. (2012) 348 ITR 302 (SC) and Hyderabad Tribunal in case of M/s SKS Micro Finance Ltd held that depreciation could not be denied to the Assessee merely because the assets were classified as ‘goodwill’ in the books of account without appreciating the true nature of the assets if they can fall under the scope of ‘any other business or commercial rights of similar nature’. It was further held that the specified intangible assets acquired under slump sale agreement were in the nature of “business or commercial rights of similar nature” specified in section 32(1)(ii) of the Act and were accordingly eligible for depreciation under that section. (AY.2015-16)