Lease premium or salami

Pearl Freeda D'Costa (Article Assisstant) (24 Points)

21 July 2012  

I've a case where Company A is the lessee and Company B is the lessor which is a SEZ.

Company A has leased a land For 50 yrs and is paying Lease rent. Over and above this a Non Refundable Lease Premium of 17crores is paid in 5  equal installements in the first 5 years.

Is this a capital expenditure or a revenue ? Should i deduct TDS?If I'm claiming as a Capital expenditure then can i write it off? Please reply along with Section Nos or circular nos

Can I show the Land in Company A's books as an asset?