TMI Blog2014 (3) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... ven to him for a specific period on lease – thus, the amount is practically a revenue expenditure incurred by the assessee while doing his trade of mining operation – thus, the claim of the assessee to allow the same as revenue expenditure is very much within the provisions of the Act – thus, the order of the CIT(A) set aside and the AO is directed to allowe the expenditure as revenue expenditure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion to afforastation funds. 3. Both parties were heard on the issue raised by the assessee and its legal implication. 4. On careful consideration of the material made available to the Tribunal, the undisputed facts relating to the issue are that the assessee has paid a sum of Rs.22,74,180 to the Government of India towards NPV on the land leased out to the assessee by the Government for min ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing Officer to allow the same. On comparison of the factual matrix in that case with those of the present case in hand, we find no dissimilarity. Apart from that the assessee is only a lease holder of land for mining operation and not the owner of the land. As per the direction of the Supreme Court, Government of India has formed rules to be issued by the Ministry of MoEF according to which they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed by the CIT(A), Bhubaneswar dt.21.7.2010 in the case of Orissa Mining Corporation Ltd, copy of which is made available by the assessee before us, we are of the considered view that the assessee is not acquiring any asset nor enduring benefit but is having only a right to work of mining in the land given to him for a specific period on lease. Therefore, this amount is practically a revenue ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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