Payment for lease creating ownership rights is capital expenditure

HIGH COURT OF DELHI Krishak Bharati Cooperative Ltd. V/s.  DCIT IT Appeal No. 205 of 2010 Date of Pronouncement – 12.07.2012 ORDER S. Ravindra Bhat, J.   The following question of law was framed for consideration by this Court: “Did not the Tribunal commit a patent error of law in holding that the amortization of lease premium paid by the appellant was capital expenditure and not revenue expenditure?” 2. The facts necessary to decide this case are that this appeal pertains to the assessment year 2004-05 for which the order of assessment was framed by the Deput...