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2019 (8) TMI 1115 - AT - Income TaxDisallowance of depreciation of tenancy rights - HELD THAT:- As seen from record, the dispute relating to assessee’s claim of depreciation on tenancy right is a recurring issue from the earlier assessment years. While deciding the issue in earlier assessment years, the Tribunal has consistently held that the tenancy right is not an intangible asset eligible for deprecation u/s 32. In fact, in the latest order passed for the assessment year 2011–12 the Tribunal, following its earlier view has disallowed assessee’s claim of depreciation on tenancy rights. Facts being identical, respectfully following the consistent view of the Tribunal in assessee’s own case in the preceding assessment years, we uphold the decision of learned Commissioner (Appeals) on the issue. Disallowance of payments made to the legal heirs of the deceased partners - HELD THAT:- Allowability of payment made to the legal heirs of deceased partners towards share in goodwill is a recurring issue between the parties continuing from the preceding assessment years. Though, the AO in the preceding assessment years has made similar disallowance, however, when the issue came up for consideration before the Tribunal, it was held that the payment made to the legal heirs of the deceased partners is allowable as deduction. In the latest order passed for the assessment year 2011–12 the Tribunal following its earlier orders has upheld the decision of Commissioner (Appeals) in allowing assessee’s claim of deduction. Facts being identical, respectfully following the consistent view of the Tribunal in assessee’s own case as referred to above, we uphold the decision of learned Commissioner (Appeals) on this issue. Grounds raised are dismissed.
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