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2001 (2) TMI 262

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..... assessment year 1991-92. 2. We have heard Shri D. Devaraj, the learned counsel for the assessee and Shri N.S. Raghavendra, the learned DR. The only issue involved in this case is with regard to the disallowance of Rs.1,02,650 which was claimed by the assessee under the head 'registration fees". It was explained by the assessee that the expenditure was towards stamp, registration and other char .....

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..... d this claim as a revenue expenditure as the lease rent was enhanced on account of inflationary trend and the parties to the agreement were not related to each other. However, with regard to registration fees in respect of the new lease deed, he was of the opinion that the expenditure related the years 2022 to 2047. In this process, the assessee obtained an enduring advantage which was to be treat .....

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..... that the expenditure in question related to the acquisition of an asset or of an enduring advantage and such expenditure can only be termed as capital in nature. He also ref erred to the various decisions relied on by the CIT(A) in support of the conclusion reached by him. 4. After considering the rival submissions and the evidence on record, we find that the decision of the CIT(A) does not ca .....

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..... d here. In view of the remoteness and the extension of the period mentioned in this lease deed, we concur with the view taken by the revenue authorities that the expenditure is not of revenue nature but really capital in nature as it results in getting an enduring advantage to the assessee, in the form of interest in property for a long period. Hence, no interference is called for with the impugne .....

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