TMI Blog2020 (11) TMI 452X X X X Extracts X X X X X X X X Extracts X X X X ..... TAT MUMBAI] has upheld the order of the CIT(A) in deleting the disallowance of depreciation - Decided against revenue. - ITA No.3322/MUM/2019 - - - Dated:- 12-10-2020 - Shri Shamim Yahya, Accountant Member And Shri Pavan Kumar Gadale, Judicial Member For the Appellant : Shri Mallikarjain Utture For the Respondent : Shri Sandip Bagmar ORDER This is an appeal by the Revenue d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer in this case has made the disallowance of depreciation on non-compete fees by concluding as under: 4.3 The Hon'ble Dispute Resolution Panel (DRP) in assessee's own case for AY 2012-13 has accepted-the contention of the assessee without appreciating the facts of the case. The department has filed an appeal before the JTAT, Mumbai against the directions of DRP before Hon'ble I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Y 2012-13 appeal by revenue against decision of DRP where following- question was raised before Hon. ITAT [in ITA/1544/MUM/2016 dated 11.07.2018.] was dismissed. Whether on the facts and in the circumstances of the case, the Hon'ble Dispute Resolution Panel (DRP) was justified in directing the AO to allow depreciation of ₹ 1,36,31,137/- on Goodwill and Non-compete Fees, without appr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igned for A.Y. 2013-14 and 2014-15. Depreciation is to be granted on account of decision of Hon'ble ITAT in this assessment year also as facts and circumstances are identical as for A.Y. 2011-12. 6. The A.O. is accordingly directed to grant depreciation on intangible assets as claimed by assessee on goodwill/non-compete fee after correcting computing opening WDV based on appellate decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , respectfully follow the same. We, thus, in terms of our aforesaid observations uphold the order passed by the A.O. under Sec. 14(3) r.w.s. 144C(13) in compliance to the directions of the DRP under Sec. 144C(5) of the Act. The ground of appeal No.1 raised by the revenue is dismissed. The Grounds of appeal no.2 and 3 being general in nature are dismissed as not pressed. Accordingly, following ..... X X X X Extracts X X X X X X X X Extracts X X X X
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