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    <title>1954 (11) TMI 2 - Supreme Court</title>
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    <description>Annual protection fees paid under lease clauses securing exclusive protection against competition in mining areas were treated as capital expenditure because they enhanced the business&#039;s enduring profit-yielding structure rather than meeting ordinary operating costs. The governing test was the real character of the advantage obtained: periodic payment did not make the outlay revenue in nature if it secured an enduring benefit for the business as a whole. On that basis, the fees were not allowable deductions under section 10(2)(xv) of the Indian Income-tax Act, 1922.</description>
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      <link>https://www.taxtmi.com/caselaws?id=49686</link>
      <description>Annual protection fees paid under lease clauses securing exclusive protection against competition in mining areas were treated as capital expenditure because they enhanced the business&#039;s enduring profit-yielding structure rather than meeting ordinary operating costs. The governing test was the real character of the advantage obtained: periodic payment did not make the outlay revenue in nature if it secured an enduring benefit for the business as a whole. On that basis, the fees were not allowable deductions under section 10(2)(xv) of the Indian Income-tax Act, 1922.</description>
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      <pubDate>Thu, 11 Nov 1954 00:00:00 +0530</pubDate>
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