INTELENET GLOBAL SERVICES PVT. LTD.,GURGAON V. DCIT, GURGAON

ITA 4810/DEL/2016

AI Insights

The case revolves around the disallowance of a claim for depreciation on goodwill acquired under a slump sale agreement by Teleperformance Global Business Pvt. Ltd. during the assessment year 2009-10. The Assessing Officer (AO) initially rejected the claim, which was partially relieved by the First Appellate Authority. The Tribunal's decision was influenced by the principle of consistency, as the department had allowed a similar claim in the subsequent assessment year, AY 2010-11. The Tribunal found no evidence from the Revenue to distinguish the facts of the current case from those of AY 2010-11, leading to the decision to allow the claim in question.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 30408 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Other Referred Cases: Goetze India
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: OM PARKASH
• Assessee Lawyers: VISHAL KALRA; ANKIT SAHANI
• Keywords: Set aside; Depreciation

Judgement Text

"1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘C’ BENCH, NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER ITA No. 4810/DEL/2016 [Assessment Year: 2009-10] Teleperformance Global Business Pvt. Ltd. Vs. DCIT, Circle-4, Gurgaon, (A successor of Teleperformance Global Gurgaon. Services Private Limited earlier known as Intelnet Global Services Private Limited) Teleperformance Towers, Plot CST No. 1406, A/28, Mindspace, Goregoan West, Mumbai, Maharashtra-400104 (PAN:- AABCC6211B) [Appellant] [Respondent] Date of Hearing : 03.03.2025 Date of Pronouncement : 05.03.2025 Assessee by : Shri Vishal Kalra, Adv. & Shri Ankit Sahani, Adv. Revenue by : Shri Om Parkash, Sr. D.R. ORDER PER AMITABH SHUKLA, ACCOUNTANT MEMBER, This appeal by the Assessee is preferred against the order of the Ld. Commissioner of Income Tax [Appeals]-2, Gurgaon dated 14.6.2016 pertaining to assessment year 2009-10. 2. The ld. Counsel for the assesse submitted that the only issue is regarding the disallowance of claim of depreciation on goodwill acquired under a slump sale agreement. The ld. Counsel informed that the impugned claim was made before the ld. AO during the assessment proceedings which was rejected. The Ld. counsel for the assesse submitted that the Ld First Appellate Authority allowed it part relief only. Thus, out of two agreements in dispute, he proceeded to allow the claim qua the agreement where ‘goodwill’ was specifically mentioned. The Ld Counsel further submitted that on identical facts, department itself had 2 allowed its claim in immediately following assessment year i.e., AY 2010-11 . Copies of the same were provided and placed on records . Thus , emphasis was laid upon principles of consistency. The Ld DR could not controvert this argument. 3. We have heard rival submissions on the matter in the light of material available on records. As far as the action of AO in rejecting assesse claims made during assessment proceedings is concerned, no blame can be attached in view of decision of Hon’ble Apex court in the case of Goetze India . We have also noted that in the immediately following assessment year i.e. 2010-11, the Department itself has allowed the assesse its claim of depreciation on goodwill. The Revenue has also not brought on record any evidence to demonstrate that the facts of the present case are distinguished with those of the AY 2010-11. It is settled principle of law that consistency deserves to be adopted as far as facts are identical. Accordingly, the assesse’s claim deserves to be allowed in this year also. Consequently, we set aside the order of the lower authorities and direct the AO to allow the assesses’s claim of additional depreciation on goodwill as claimed by the assessee. Accordingly, all the grounds of appeal raised by the assesse are allowed. 4. In the result, the appeal of the assesse is allowed. Order pronounced on 05/03/2025. Sd/- Sd/- [ANUBHAV SHARMA] [AMITABH SHUKLA] JUDICIAL MEMBER ACCOUNTANT MEMBER SR BHATNAGAR Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi 3 "