ACIT, Circle - 1(1), Kolkata, Kolkata V. M/s. Landis+Gyr Limited, South 24 Parganas

ITA 850/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7537 (ITAT-KOLKATA)
• Duration Of Justice: 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 01-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S HALDER
• Assessee Lawyers: A K PATEL LD
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, KOLKATA BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 850/KOL/2018 ASSESSMENT YEAR: 2009-10 A.C.I.T., CIRCLE-1(1), KOLKATA.......................APPELLANT M/S. LANDIS+GYR LTD......................RESPONDENT [PAN : AAACV 9922 B] APPEARANCES BY: SHRI S. HALDER, SR. DR, APPEARED ON BEHALF OF THE APPELLANT. SHRI RAHUL SHAH AND A.K. PATEL, LD. AR, APPEARED ON BEHALF OF THE RESPONDENT.. DATE OF CONCLUDING THE HEARING : JANUARY 14, 2019 DATE OF PRONOUNCING THE ORDER : JANUARY 16, 2019 ORDER PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER :- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-2, KOLKATA [HEREINAFTER THE LD. CIT(A)], DATED 01.02.2018 PASSED U/S 143(3)/144C(3) OF THE INCOME TAX ACT, 1961 (THE ACT) FOR THE ASSESSMENT YEAR 2009-10. 2. AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT THE SOLE ISSUE THAT HAS TO BE ADJUDICATED IS WHETHER THE LD. CIT(A) WAS JUSTIFIED IN ADMITTING ADDITIONAL GROUND ON THE ISSUE OF DEPRECIATION ON GOODWILL AND THEREAFTER GRANTS THE SAME AND ALSO ALLOWING DEPRECIATION ON INTELLECTUAL PROPERTY RIGHTS. 3. WE FIND THAT THE LD. CIT(A) HAS FOLLOWED THE ORDER OF THE TRIBUNAL IN THE ASSESSEES OWN CASE FOR THE ASSESSMENT YEAR 2010-11 AND 2011-12 IN ITA NO.687/KOL/2015 AND ITA NO.619/KOL/2016 PASSED ON 13.09.2017 AND GRANTED DEPRECIATION ON INTELLECTUAL PROPERTY RIGHTS. SIMILARLY, ON THE ISSUE OF GRANT OF DEPRECIATION ON GOODWILL AFTER ADMITTING AN ADDITIONAL GROUND OF THE ASSESSEE, THE LD. CIT(A) FOLLOWED THIS VERY ORDER OF THE TRIBUNAL AND ALLOWED THE ISSUE. 2 M/S. LANDIS+GYR LTD I.T.A. NO. 850/KOL/2018 ASSESSMENT YEAR: 2012-13 4. AS LD. CIT(A) HAS FOLLOWED THE DECISION OF THE TRIBUNAL IN THE ASSESSEES OWN CASE, WE FIND NO INFIRMITY IN THE SAME ON BOTH THE ISSUES. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. KOLKATA, THE 16 TH JANUARY, 2019. SD/- SD/- [ S.S. VISWANETHRA RAVI ] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 16.01.2019 RS, SR.PS COPY OF THE ORDER FORWARDED TO: 1 . A.C.I.T., CIRCLE-1(1), KOLKAT. P-7, CHOWRINGHEE SQUARE, R. NO.20, 7 TH FLOOR, KOL- 700 069. 2 . M/S. LANDIS+GYR LTD., JOKA, DIAMOND HARBOUR ROAD, P.O-JOKA, DIST-24-PARGANAS (SOUTH), KOLKATA 700 104. 3. CIT(A)- 4. CIT- , 5. CIT(DR), TRUE COPY BY ORDER ASSISTANT REGISTRAR, KOLKATA BENCHES