Lease premium or salami

Circulars 2509 views 1 replies

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?

Replies (1)

It seems that it is an operating lease. Hence it is revenue expenditure. But we need to understand exactly why this premium is being paid to advice you correctly.


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