The Tribunal held that the payment made over and above the net asset value constitute goodwill. Upon considering the language of the fifth proviso to section 32(1), the Tribunal held that the said proviso is applicable to the cases of succession, amalgamation, and demerger i.e. transactions between related parties. On the facts the transactions not being related parties purchase would not fall under the categories of succession, amalgamation and demerger. Accordingly the scope of the fifth proviso to section 32(1) cannot be extended to transactions of purchases between two unrelated parties. The matter was remanded for verification. (dt. 1-11-2021) (AY. 2016-17)