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2016 (5) TMI 965 - AT - Income TaxTDS u/s 194I - TDS liability on payment development charges, lease charges and other charges paid to RIICO - Held that:- Lease document has used the "Development charges" and "Economic rent" to be payable by the assessee. As the document has used two different phrases to connote different obligation therefore in our view development charges can'not be read as rent within the purview of the section 194 I. further lease document has provided the consequences of nonpayment of the development charges by the assessee, if the assessee failed to pay the development charges, as mentioned in the agreement, the possession was liable to be taken over by the RIICO, therefore the development charges can not be considered as rent. See M/s Gupta Fabtex Pvt Ltd Versus Deputy Commissioner Of Income Tax (TDS) , Jaipur [2016 (1) TMI 664 - ITAT JAIPUR ] - Decided against revenue
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