Document Fragment View
Fragment Information
Showing contexts for: raw material gas in Asst Cit (Ltu) 2, Mumbai vs Reliance Industries Ltd, Mumbai on 28 September, 2018Matching Fragments
35. The next issue urged by the revenue in Ground No.6 relates to the relief granted by the Ld CIT(A) in respect of disallowance of Rs.153.61 lakhs relating to the principal component of lease rent paid by the assessee. The facts relating to this issue are that the assessee has been using Baroda Dahej Pipeline for transportation of gas/raw materials. It paid lease rent of Rs.160.94 lakhs for the above said pipe line. Following AS-19 issued by ICAI, the above said pipe line was shown as asset of the assessee in the books of account. However, since the pipeline was not actually owned by the assessee, it did not claim depreciation thereon and accordingly claimed lease rent actually paid by it as deduction. The assessee did not debit the profit and loss account with the amount of Rs.160.94 lakhs and claimed the same in the computation of income. The AO took the view that the lease entered by the assessee was only a finance lease and accordingly allowed only financial charges, which resulted in disallowance of part of lease rent amount of Rs.153.61 lakhs claimed by the assessee. The ld CIT(A) noticed that this issue was considered by the Tribunal in the assessee's own case in AY 2005-06 (ITA No.1426/Ahd/2009) and in AY 2006-07 (ITA 4005/Mum/ 2003) and the disallowance was deleted by the Tribunal. Accordingly the Ld CIT(A) also deleted the disallowance by following the order of the Tribunal.