TaxTMI 
TaxTMI 
2008 (8) TMI 530
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....ivered by Deepak Gupta J.- This appeal was admitted on the following substantial question of law : "1. Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law holding that the expenditure incurred on stamp duty and registration charges at the time of execution of lease agreement for taking on lease of the fruit processing plant for seven year....
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.... in Sri Krishna Tiles and Potteries Madras (P.) Ltd. v. CIT [1988] 173 ITR 311, Plantation Corporation of Kerala Ltd. v. Commr. of Agrl. I. T. [1994] 205 ITR 364 and Gujarat Machinery Mfg. Ltd. v. CIT [1995] 211 ITR 1010 contends that the amount spent as stamp duty and registration charges should be treated as revenue expenditure. The Com-missioner of Income-tax (Appeals) and the Tribu....
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....ve of whether the incidental expenditure is incurred in or in connection with or related to capital expenditure the same has to be treated as revenue expenditure. 5. The Kerala High Court also took this view in Plantation Corporation's case [1994] 205 ITR 364 (Ker). The Gujarat High Court in Gujarat Machinery's case [1995] 211 ITR 1010 dealt with the same question and held that the amount s....