2008 (8) TMI 530 - HC - Income Tax

Capital or Revenue Expenditure- 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 years was allowable as revenue expenditure? Held that- in the light of the decision of The Gujarat High Court in Gujarat Machinery s case the amount spent on registration and stamp charges at the time of execution of lease agreement was revenue expenditure.

Summary

Issues:
1. Whether the expenditure incurred on stamp duty and registration charges at the time of execution of a lease agreement for taking on lease of a fruit processing plant for seven years is allowable as revenue expenditure.

Analysis:
The case involved a dispute regarding the categorization of expenditure incurred on stamp duty and registration charges at the time of executing a lease agreement for a fruit processing plant. The assessee contended that the amount should be treated as revenue expenditure, while the Assessing Officer treated it as capital expenditure based on a judgment of the Karnataka High Court. The lease deed was executed for seven years but was terminated shortly after. The Commissioner of Income-tax (Appeals) and the Tribunal accepted the assessee's plea, leading to the Revenue challenging the decision through the present appeal.

The Karnataka High Court held that when an assessee enters into a lease deed for a long period, the expenditure on stamp duty and registration should be considered capital in nature. However, the Madras High Court, following the Bombay High Court's decision, disagreed with this view. It stated that irrespective of the connection to capital expenditure, incidental expenses should be treated as revenue expenditure. Similarly, the Kerala and Gujarat High Courts also supported the treatment of stamp duty and registration charges as revenue expenditure.

The High Court of Himachal Pradesh, considering the judgments of the Bombay, Madras, Kerala, and Gujarat High Courts, disagreed with the Karnataka High Court's stance. It concluded that the expenditure in question should be treated as revenue expenditure. Therefore, the substantial question was answered against the Revenue, leading to the dismissal of the appeal with no order as to costs.