Assessee company claimed deduction in respect of payments made by it to mining lessees . It claimed that same is towards expenditure undertaken by said lessees for purpose of developments like roads and trenches, temporary huts, drilling, etc. AO held that said amount was paid by assessee for obtaining right to mine, thus, same could not be allowed as revenue expenditure . CIT(A) allowed the claim , which is affirmed by Tribunal . On appeal the Court held that material on record clearly indicated that amount paid by assessee to mining lessees was not towards acquisition of right to mine but was towards expenditure undertaken by said lessees for purpose of developments like roads and trenches, temporary huts, drilling, etc. . Order of Tribunal allowing the deduction is affirmed . (AY. 2008 -09)
CIT, Karnataka v. Mukhtar Minerals (P.) Ltd.[2021] 276 Taxman 218/ 432 ITR 152 (Bom)( HC)
S. 35E : Deduction for expenditure on prospecting etc. for certain minerals- Capital or revenue – Amount paid to mining lessees is not towards acquisition of right to mine but was towards expenditure undertaken by said lessees for purpose of developments like roads and trenches, temporary huts, drilling, etc.- Allowable as deduction. [ S. 37(1)]
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