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Pitney Bowes India (P) Ltd vs Assistant Commissioner Of Income Tax on 9 January, 2019

Author: Sanjiv Khanna

Bench: Sanjiv Khanna, Vinod Goel

$~38
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+   ITA 3/2019
    PITNEY BOWES INDIA (P) LTD             ..... Appellant
                 Through    Mr. Suvinay Kr. Dash and Mr.
                 Anubhav Jain, Advocates.

                       versus

    ASSISTANT COMMISSIONER OF INCOME TAX..... Respondent
                 Through  Mr. Zoheb Hossain, Sr. Standing
                 Counsel.
    CORAM:
    HON'BLE MR. JUSTICE SANJIV KHANNA
    HON'BLE MR. JUSTICE VINOD GOEL

                       ORDER

% 09.01.2019 C.M. No.551/2019 Exemption allowed, subject to all just exceptions.

Delay of 40 days in re-filing is condoned for the explanation given and reasons stated in the application.

The application is allowed.

Heard.

Admit.

The following substantial question of law is framed:-

"Whether the appellant-assessee was entitled to claim depreciation on non-compete rights/fee under Section 32 of the Income Tax Act, 1961?"

The aforesaid question would include the issue whether the appellant-assessee was entitled to raise the claim of depreciation on non-compete rights/fee when depreciation had not been claimed in the income tax return originally filed.

Filing of printed paper book is dispensed with. However, parties are given liberty to file document/papers, which were part of the assessment records or were filed in the appellate proceedings.

To be listed along with ITA No.992/2017 and other connected appeals filed by the appellant-assessee.

SANJIV KHANNA, J.

VINOD GOEL, J.

JANUARY 09, 2019 NA