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2015 (12) TMI 358 - AT - Income TaxDeduction u/s.10B disallowed - CIT(A) confirmed disallowance - Held that:- The assessee would be entitled to claim for deduction u/s.10B of the Act, for a period of 10 consecutive years from the date of commencement of its manufacture as envisaged in the section. In the case in hand, the assessee has not demonstrated the actual date of commencement of the commercial production. However, the AO and the ld.CIT(A) have given finding that the commercial production was commenced even prior to the period claimed by the assessee. Under these facts, we do not see any reason to interfere with the order of the ld.CIT(A) as the first requirement is the commencement of manufacturing or production of undertaking - Decided against assessee. Disallowance of depreciation on goodwill - Held that:- Since the facts of the case are identical to that of AY 2006-07 in assessee’s own case, taking a consistent view wherein held as erlier in the case of B. Raveendran Pillai, (2010 (9) TMI 434 - Kerala High Court), the Hon'ble High Court has also held that the goodwill is certainly comparable with trade mark, franchisee, copy right, etc., hence, entitled for the depreciation.- Decided in favour of assessee.
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