In Brief
The Revenue appealed against a High Court judgment affirming the Tribunal's order allowing an assessee to claim deduction of accumulated lease rent in assessment year 1992-93 rather than 1989-90 when the rent was fixed. The Revenue contended the liability was statutory, accruing when rent was fixed in 1989-90. The Court held that whether the fixation was statutory or contractual, and the appropriate year for claiming deduction, was a mixed question of law and fact. Since this issue was raised for the first time before the Supreme Court and the assessee had no opportunity to respond before lower authorities, the Court remanded the matter to the Tribunal for fresh consideration on merits.
The lawyer headnote and full judgment text are available to registered users.