9911796707
|
Home
Issues:
The issue involves determining whether the expenditure incurred by the assessee for the execution of a lease deed is to be allowed as a deduction in computing its income for the assessment year 1975-76. Facts: The assessee, a firm with five partners, took over a running business with boarding and lodging facilities in Bangalore and executed a lease deed on April 24, 1974, incurring an expenditure of Rs. 11,270 for stamp duty, registration fee, and legal expenses. The lease was for ten years with an option for renewal. Decision: The Income Tax Appellate Tribunal initially allowed the deduction claimed by the assessee. However, the Commissioner disallowed the expenditure, considering it of capital nature for acquiring a capital asset. The Tribunal upheld this decision, stating that the transaction was of an enduring nature as the business was started for the first time during the relevant year. Legal Analysis: The counsel for the assessee argued that the period of lease should not determine the nature of the expenditure, emphasizing that the crucial factor is whether the amount was necessary for earning profits. However, the court held that since the assessee entered the business for the first time by executing the lease deed, the expenditure incurred was for acquiring an asset of enduring nature, not incidental to an existing business. Precedents: The court distinguished the case from precedents like India Cements Ltd. v. CIT, where the expenditure was for the existing business. It also noted distinctions from cases like CIT v. Hoechst Pharmaceuticals Ltd. and CIT v. Bombay Cycle & Motor Agency Ltd., where similar principles applied to revenue expenditure. Conclusion: Considering that the lease deed brought into existence an asset of enduring nature, the court concluded that the expenditure incurred for securing the business through stamp duty, registration charges, and legal fees was of capital nature. Therefore, the question was answered in the affirmative, against the assessee.
|
