Thermo Fisher Scientific India (P) Ltd. v. DCIT (2025) 236 TTJ 865 / 176 taxmann.com 501 (Mum) Trib)

S.32: Depreciation-Intangible asset-Slump sale-Acquisition of manufacturing, supply and maintenance contracts-Goodwill-AO is directed to treat the excess of consideration paid over and above the fair market value of the assets and liabilities as goodwill and allow depreciation-Depreciation-Unabsorbed-Carry forward and set off-set off of brought forward unabsorbed depreciation pertaining to asst. yr. 2008-09 cannot be denied on the basis that for that assessment year the assessee filed its return of income under S. 139(4) [S.2(42C),32(1)(ii), 32(2), 50B, 72, 80,139(4)]

 

Held that total consideration paid by the assessee for slump sale acquisitions of some divisions of two companies includes consideration paid for manufacturing contracts, supply contracts and maintenance contracts acquired by the assessee; even if it is assumed that these contracts are not separate intangible assets under s. 32(1)(ii), the excess of consideration paid over and above the net asset value of other recognised tangible and intangible assets is to be treated as goodwill, and depreciation is allowable. Carry forward and set off of unabsorbed depreciation is in no way linked to the timely filing of the return of income; set off of brought forward unabsorbed depreciation pertaining to asst. yr. 2008-09 cannot be denied on the basis that the assessee filed its return of income under S.  139(4). (AY. 2010-11)

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