Assessee had amalgamated with a company by way of an acquisition/purchase .It claimed depreciation on goodwill being excess amount paid over net value of assets and liabilities . AO disallowed the depreciation. Tribunal held that in view of AS-14, consideration paid in excess of net value of assets and liabilities of amalgamating company is to be treated as goodwill and; goodwill is an intangible asset and depreciation is allowable thereon. Accordingly the assessee is eligible for depreciation on goodwill. (AY. 2014 -15)
Mylan Laboratories Ltd. v. DCIT (2020) 180 ITD 558 / 187 DTR 259/ 204 TTJ 426(Hyd) (Trib.)
S. 32: Depreciation- Good will- Amalgamation- Purchase, consideration paid in excess of net value of assets and liabilities of amalgamating company was to be treated as goodwill- Entitle to depreciation .