ARIJIT PASAYAT, CJ.

( 1 ) AT the instance of assessee following question has been referred for opinion of this Court by the Income-tax Appellate Tribunal, Delhi Bench 'e' (for short the Tribunal) under Section 256 (1) of the Income-tax Act, 1961 (in short the Act):"whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the expenditure of Rs. 19. 89 lakhs was a capital expenditure as it gave the assessee an advantage of enduring nature"dispute relates to assessment year 1977-78. 2]. Factual background in nutshell is as follows. Assessee, a Government Corporation was formed on 1. 4. 1972 under the Act of Parliament to take over the airports in Metropolitan towns, including Palam airport at Delhi during the relevant assessment year assessee paid Rs. 19. 89 lakhs to Delhi Development Authority (in short 'the DDA') for development of an alternative site for the residence of Mangolpuri villagers who were to be evicted as their lands acquired for extension of International Airport at Delhi. As the said villagers were not vacating the land, a scheme was finalised for developing alternative site for the said villagers. The Assessing Officer held