M/s. Maya Entertainment Ltd., Mumbai V. Deputy Commissioner of Income-tax,

ITA 1379/PUN/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4216 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 4 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 21-08-2018
• Assessment Year: 2010-2011
• Appeal Filed On: 24-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHRI
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI VIKAS AWASTHY, JM . / ITA NO.1379/PUN/2016 / ASSESSMENT YEAR : 2010-11 M/S. MAYA ENTERTAINMENT LTD., (EARLIER KNOWN AS AVALON ACADEMY PVT. LTD.), APTECH HOUSE, A-65, MIDC, MAROL, ANDHERI (E), MUMBAI 400 093 PAN : AAFCA8287M /APPELLANT VS. DCIT, CIRCLE-1(1), PUNE . /RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI PANKAJ GARG / DATE OF HEARING : 30.10.2018 / DATE OF PRONOUNCEMENT: 31.10.2018 / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE OR DER PASSED BY THE CIT(A)-1, PUNE, DATED 31-03-2016 IN RELATION TO TH E ASSESSMENT YEAR 2010-11. 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST NOT A LLOWING DEPRECIATION ON GOODWILL. 3. WE HAVE HEARD THE LD. DR FOR THE REVENUE AND PERUS ED THE RELEVANT MATERIAL ON RECORD. THERE IS NO APPEARANCE FROM THE SIDE O F THE ASSESSEE DESPITE SERVICE OF NOTICE. WE ARE, THEREFORE, DISP OSING OFF THE APPEAL ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. ITA NO.1379/PUN/2016 M/S. MAYA ENTERTAINMENT LTD., 2 4. IT IS SEEN THAT THE LD. CIT(A) FOLLOWED HIS OWN OR DER PASSED IN THE CASE OF THE ASSESSEE FOR THE A.Y. 2011-12 FOR DENYING THE CLAIM OF DEPRECIATION ON THE AMOUNT OF GOODWILL. NOTHING HAS BEEN P LACED ON RECORD TO DEMONSTRATE THAT THE VIEW OF THE LD. CIT(A), TAKEN FOR THE A.Y. 2011-12 WAS SUCCESSFULLY CHALLENGED BY THE ASSESSEE BEFO RE THE APPELLATE AUTHORITIES OR GOT MODIFIED IN ANY MANNER. WE, THE REFORE, UPHOLD THE SAME. 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST OCTOBER, 2018. SD/- SD/- (VIKAS AWASTHY) (R.S .SYAL) /JUDICIAL MEMBER / VICE PRESIDENT PUNE; DATED : 31 ST OCTOBER, 2018 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-1, PUNE. 4. / THE PR. CIT-1, PUNE 5. !'# $$ %& , %& , / DR B, ITAT, PUNE; 6. #'( ) / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY %& , / ITAT, PUNE *