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TMI Blog2013 (10) TMI 1392X X X X Extracts X X X X X X X X Extracts X X X X ..... - - - Dated:- 25-10-2013 - B. R. Baskaran (Accountant Member) And N. R. S. Ganesan (Judicial Member) For the Petitioner : P. K. Sasidharan For the Respondent : Latha V. Kumar ORDER N. R. S. Ganesan (Judicial Member) This appeal of the assessee is directed against the order of CIT(A)- II, Kochi dated 08-03-2013 and pertains to assessment year 2007-08. 2. Shri P.K. Sasidharan, the ld.representative for the assessee submitted that the assessee company is engaged in the business of tourism. During the course of assessment, the assessee claimed ₹ 1,85,65,444 as current repair on the written down value of the building constructed on the land belonging to the government. According to the ld.representative, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uction as current repair on the ground that the state government refuses to extend the lease period and forces them to vacate the premises. On a query from the bench, the representative for the assessee confirmed that the assessee has not vacated the premises physically and he was continuing in physical possession of the property even after the state government directed them to vacate the premises. In fact, the assessee challenged the order of the state government and the High Court stayed the operation of the order by asking the parties to maintain status quo. Therefore, even after expiry of the lease period, the assessee is continuing in physical possession of the property as a lessee. Hence, this Tribunal is of the considered opinion tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intends to claim the cost of construction of the entire building, then it has to be claimed in the year in which the expenditure was incurred. Admittedly, the expenditure was not incurred during the year under consideration. What is claimed is the written down value of the cost of construction and not the cost of construction of the entire building. Therefore, this Tribunal is of the considered opinion that the judgment of the Madras High Court in the case of TVS Lean Logistics Ltd (supra) may not be applicable to the facts of the case. 7. In view of the above, this Tribunal do not find any infirmity in the orders of the lower authorities. Accordingly, the same is confirmed and the appeal of the assessee stands dismissed. Order pronou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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