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2013 (9) TMI 158 - AT - Income TaxBar of limitation - order passed u/s 201(1) / 201(1A) - Order passed to give effect to the order of High Court Mumbai - Held that:- High Court of Mumbai quashed the order of TDS Officer, Mumbai leaving the issue open for appropriate competent authority to initiate TDS proceedings. Revenue has not disputed the point that High Court of Mumbai left the issue open for the appropriate competent authority to initiate TDS proceedings, keeping in view the law of limitation, meaning thereby that the High Court of Mumbai simply quashed the order of TDS officer, Mumbai perhaps on the ground of jurisdiction and the issue was left to be decided by the competent authority but the period of limitation has to be taken from the relevant provisions of the Act which cannot be extended by judicial pronouncements - Decided against Revenue. Payment made to MMRDA - Held that:- payment of lease premium was not to be made on periodical basis but it was one time payment to acquire the land with right to construct a commercial complex thereon and the lease premium was paid to MMRDA in four installments - it is a lease premium for acquiring land with right to construct a commercial building although with certain restrictions, but it is a capital expenditure not falling within the ambit of section 194-I of the Act - Decided against Revenue. Payment made to MMRDA - Held that:- When the payment made to MMDC is capital in nature then there is no question of applying S.194(1) to it. Hence assessee is not liable to deduct TDS - Decided against Revenue.
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