2009 (3) TMI 587 - HC - Income Tax

Capital or revenue expenditure lease rent paid for the use of land for ninety nine years - assessee a company claimed deduction of lease rent - assessee carrying the business more profitably by paying nominal rent on the land - land is not obtained by the assessee lease rent deductible

Summary

Issues:
- Whether the lease rent paid to GIDC is revenue expenditure or capital in nature.

Analysis:
1. The primary issue in this case was whether the lease rent paid by the assessee to GIDC should be treated as revenue expenditure or capital in nature. The assessee claimed a deduction of Rs. 48,02,616, contending that the payment was for nominal lease rent and should be considered as revenue expenditure. However, the Assessing Officer disallowed the claim, stating that the assessee had acquired a benefit of enduring nature through the lease agreement, making it a capital expenditure.

2. The Commissioner (Appeals) upheld the disallowance, but the Tribunal reversed the decision, allowing the deduction. The Tribunal analyzed the lease agreement and found that the land did not cease to belong to GIDC, the lessor, even though the deed was registered. The Tribunal concluded that the payment for lease rent did not alter the capital structure of the assessee and only provided a facility to conduct business profitably by paying nominal rent.

3. The appellant-Revenue argued that the payment should be considered capital in nature based on the lease agreement terms, emphasizing the phrase "allotment price" as premium for leasehold rights. The appellant relied on a Supreme Court decision to support the argument that the payment was on capital account. However, the respondent assessee cited precedents where similar transactions were treated as revenue expenditure by applying apex court decisions.

4. The Tribunal's decision was based on factual findings and the application of apex court decisions. It concluded that the lease rent payment was allowable as revenue expenditure, as it did not result in an increase in the assessee's assets or a change in its capital structure. The High Court upheld the Tribunal's decision, stating that there was no legal infirmity and that the Revenue did not challenge the findings during the appeal process.

5. In light of the facts and legal precedents, the High Court dismissed the appeal, affirming the Tribunal's decision that the lease rent paid to GIDC was allowable as revenue expenditure. The court found no grounds for interference and noted that the Revenue did not contest the findings before the Tribunal.