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2019 (6) TMI 1364

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..... 12 (8) TMI 713 - SUPREME COURT] , wherein it was held that Goodwill is an asset under Explanation 3(b) to section 32(1) and, thus it is eligible for depreciation. We uphold the order of the Ld. CIT(A) on the issue-in-dispute. Accordingly, ground of the Revenue is dismissed. - ITA No.4410/Del/2017 - - - Dated:- 29-1-2019 - Shri Bhavnesh Saini, Judicial Member And Shri O.P. Kant, Acc .....

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..... efore, he prayed that the order of the learned Commissioner of Income Tax (Appeals) on issue in dispute may be upheld. 3. On the other hand, Ld. DR relied on the order of the Assessing Officer. 4. We have heard the rival submissions and perused the relevant material on record, including Tribunal s order passed in ITA No.3887/Del/2016. In the so .....

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..... 4.1 We find that the issue-in-dispute has already been decided by the Tribunal vide order dated 9th November, 2017, in assessee own case in ITA No.3887/Del/2016 (AY: 2010-11). The relevant portion of the order is extracted below: 4. We have considered the submissions of both the parties and perused the material available on record. In the present case, .....

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..... nd to interfere with the findings given by the Ld. CIT(Appeals). Hence, the Departmental Appeal is dismissed. 5. Respectfully following the finding of the Tribunal (supra), we uphold the order of the Ld. Commissioner of Income Tax (Appeals) on the issue-in-dispute. Accordingly, ground of the Revenue is dismissed. 6. In the .....

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