This appeal by the assessee to consider the

following questions of law:

<(1)

Whether the Tribunal was justified in

law in holding that the expenditure incurred

towards lease deed registration is not

allowable as revenue expenditure but has to

be held as capital in nature on the facts and

circumstances of the case?

3

(2)

Without

prejudice,

whether

the

Tribunal was justified in law in not directing

the

lower

authorities

to

allow

depreciation/amortization

on

the

expenditure treated by them as a capital

expenditure on the facts and circumstances

of the case?=

2.

Brief facts of the case are, assessee is a doctor by

profession and he has entered into a lease agreement

dated October 31.10.2009 and taken the building

having 5 floors totally measuring 41,250 Sq.ft for a

period of 29 years and 11 months. In his returns for the

Assessment Year 2010-11, the assessee claimed it as

revenue expenditure. He has paid stamp duty of

Rs.18,04,930/- and registration fee of Rs.4,51,820/-

and in all, a sum of Rs.22,56,750/-. For the

Assessment Year 2010-11, the assessee claimed it as

revenue expenditure. The Assessing Officer rejected the

4

said claim. On appeal, Commissioner of Income Tax

(Appeals) uph