KRISHAK BHARTI COOPERATIVE LTD vs. ASSISTANT COMMISSIONER OF INCOME TAX
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2022 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 52241/2022
Allowed, subject to just exceptions.
CM APPL. 52242/2022
Allowed, subject to the appellant filing legible copies of the annexures, at least three days before the next date of hearing. ITA 504/2022
This appeal is directed against the order dated 26.07.2022 passed by the Income Tax Appellate Tribunal concerning Assessment Year (AY) 2015-2016. ITA 504/2022
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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 12:49:59
The issue which arises for consideration is: whether lump sum payment made towards lease premium should be treated under capital expenditure?
Ms Surekha Raman, learned counsel for the appellant/assessee, has fairly placed before us, an order of the coordinate bench of this Court dated 29.07.2022 in ITA No. 236/2022. 5.1 The coordinate bench, following the decision dated 12.07.2012 rendered by another coordinate bench in ITA No. 205/2010 titled Petition (SLP) i.e., SLP(C) No. 19399/2016 has been preferred vis-a-vis the decision rendered by the coordinate bench of this Court in ITA No. 205/2010, which is pending consideration.
Accordingly, the instant appeal is closed, with a caveat,that if the Supreme Court was to reach a different conclusion, parties will abide by the decision so rendered.
RAJIV SHAKDHER, J
TARA VITASTA GANJU, J
DECEMBER 2, 2022/SA
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ITA 504/2022
Page 2 of 2 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 12:49:59