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Commissioner of Income Tax-2 Mumbai Vs. Birla Global Asset Finance Co. Ltd. - Court Judgment

LegalCrystal Citation
CourtMumbai High Court
Decided On
Case NumberIncome Tax Appeal No.6835 of 2010
Judge
AppellantCommissioner of Income Tax-2 Mumbai
RespondentBirla Global Asset Finance Co. Ltd.
Excerpt:
income tax act, 1961 - section 32(1)(ii) – case referred: cit v. smift securities limited (2012)24 taxman 222 (sc) (para 3)......of running them on hire? (b) whether the tribunal was justified in allowing depreciation on intangible assets viz. business and commercial brand equity even though such an asset is not a depreciable asset within the meaning of section 32(1)(ii) of the income tax act or part b of the depreciation schedule in old appendix of the it rules relevant to the a.y.2004-05? 2. as regard the first question is concerned, counsel for the parties state that the said question is answered in favour of the assessee by the decision of this court in assessee's own case being income tax appeal no.828 of 2010 decided on 08.08.2012. hence, the first question cannot be entertained. 3. as regard the second question is concerned, the contention of the revenue is that intangible assets like business and.....
Judgment:

P.C.

Two questions of law raised by the Revenue in this appeal read as:

(A) Whether on the facts and in the circumstance of the case and in law the tribunal was right in holding that motor cars are commercial vehicles and the assessee is entitled to depreciation at the rate of 50% by ignoring the provisions of Old Appendix 1 part A SNC 1/3 ITXA 6835-10 .doc item III(2) of the Income Tax Rules, 1962 relevant to the A.Y. 2004-05, which specifically provide for depreciation @ 20% on motor cars not used in the business of running them on hire?

(B) Whether the Tribunal was justified in allowing depreciation on intangible assets viz. Business and commercial brand equity even though such an asset is not a depreciable asset within the meaning of section 32(1)(ii) of the Income Tax Act or Part B of the depreciation schedule in old Appendix of the IT Rules relevant to the A.Y.2004-05?

2. As regard the first question is concerned, Counsel for the parties state that the said question is answered in favour of the assessee by the decision of this court in assessee's own case being Income Tax Appeal No.828 of 2010 decided on 08.08.2012. Hence, the first question cannot be entertained.

3. As regard the second question is concerned, the contention of the Revenue is that intangible assets like business and commercial brand equity are goodwill on which depreciation is not allowable. The Apex court in the matter of CIT v. Smift Securities Limited, reported in (2012)24 TAXMAN 222 (SC) has held that even the intangible assets constitute goodwill on which depreciation would be allowable. Hence, the second question cannot be entertained. Accordingly, the appeal is dismissed.


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