<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1973 (9) TMI 23 - CALCUTTA High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=38572</link>
    <description>A commercial instrument described as a lease deed must be construed by its true legal effect, not by labels or isolated clauses. On the terms described, a 99-year demise of an entire industrial undertaking, with ownership and reversion remaining in the lessor, a right of re-entry on default, and clauses on renewal, deterioration and acquisition during the term, was consistent with a long-term lease and not with a hire-purchase or instalment sale. The absence of a lump sum premium did not justify treating part of the annual payment as capital consideration. The annual payment was therefore rent under the lease, and there was no basis for splitting it into capital and revenue components.</description>
    <language>en-us</language>
    <pubDate>Mon, 03 Sep 1973 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 07 Apr 2010 13:01:47 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=77118" rel="self" type="application/rss+xml"/>
    <item>
      <title>1973 (9) TMI 23 - CALCUTTA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=38572</link>
      <description>A commercial instrument described as a lease deed must be construed by its true legal effect, not by labels or isolated clauses. On the terms described, a 99-year demise of an entire industrial undertaking, with ownership and reversion remaining in the lessor, a right of re-entry on default, and clauses on renewal, deterioration and acquisition during the term, was consistent with a long-term lease and not with a hire-purchase or instalment sale. The absence of a lump sum premium did not justify treating part of the annual payment as capital consideration. The annual payment was therefore rent under the lease, and there was no basis for splitting it into capital and revenue components.</description>
      <category>Case-Laws</category>
      <law>Income Tax</law>
      <pubDate>Mon, 03 Sep 1973 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=38572</guid>
    </item>
  </channel>
</rss>