2022 (9) TMI 54

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....M. LAVA, ADV.) RESPONDENT (BY SRI. K.C. ARAVIND, ADV.) JUDGMENT P.S. DINESH KUMAR J., This appeal by the assessee to consider the following questions of law: "(1) Whether the Tribunal was justified in law in holding that the expenditure incurred towards lease deed registration is not allowable as revenue expenditure but has to be held as capital in nature on the facts and circ....

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....enue expenditure. The Assessing Officer rejected the said claim. On appeal, Commissioner of Income Tax (Appeals) upheld the order passed by the Assessing Officer and dismissed the appeal. On further appeal, the Income Tax Appellate Tribunal, Bangalore 'B' Bench [ITAT] has also dismissed ITA No.1851/BANG/2016 by the impugned order dated 19.01.2018. 3. Shri.A.Shankar, learned Senior Advocate subm....

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....rt has followed the decision of Bombay High Court in COMMISSIONER OF INCOME-TAX V/S CINCEITA PVT. LTD. (1982) 137 ITR 652 and held the expenditure towards stamp duty and registration charges as revenue expenditure. Accordingly, he prayed for allowing the appeal. 5. Shri. K.V. Aravind, learned Standing Counsel for the Revenue submitted that there is no formula to determine as to whether an expen....

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....gistration Act, 1908. Further, based on the monthly rent and the security deposit, ad valorem stamp duty will have to be paid. Thus, the intention of the parties namely, lessor and lessee are clear that the lessee shall take premises by paying rents every month for a certain period. There is no dispute that the lessee has paid stamp duty of Rs.18,04,930/- and registration charges of Rs.4,51,820/- ....