The Tax Publishers2019 TaxPub(DT) 1797 (SC)

INCOME TAX ACT, 1961

Section 261 Section 32

Where the department preferred SLP to appeal against the judgment of Gujarat High Court in Pr. CIT v. Zydus Wellness Ltd. [TA No. 779 of 2017, dt. 3-10-2017] : 2017 TaxPub(DT) 4884 (Guj-HC), whereby the High Court held that the assessee was entitled to depreciation on goodwill expanded at the time of amalgamation of companies, the Supreme Court following (2012) 348 ITR 302 (SC), dismissed the SLP.

Appeal (Supreme Court) - Special leave petition - Depreciation - Goodwill on amalgamation--Disallowed for being fictitious

Department preferred SLP to appeal against the judgment of Gujarat High Court in Pr. CIT v. Zydus Wellness Ltd. [TA No. 779 of 2017, dt. 3-10-2017] : 2017 TaxPub(DT) 4884 (Guj-HC), whereby the High Court held that the assessee was entitled to depreciation on goodwill expanded at the time of amalgamation of companies.Held: The Supreme Court following (2012) 348 ITR 302 (SC), dismissed the SLP.

Followed: Judgment of Supreme Court (2012) 348 ITR 302 (SC)Affirmed:Pr. CIT v. Zydus Wellness Ltd. [TA No. 779 of 2017, dt. 3-10-2017] : 2017 TaxPub(DT) 4884 (Guj-HC).

REFERRED :

FAVOUR : SLP dismissed.

A.Y. :



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