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2018 (6) TMI 699 - AT - Income TaxTDS u/s 194I - charge of TDS and interest on account of non-deduction of TDS - payment of land rent to Airport Authority of India Ltd. - Held that:- As decided in assessee's own case for AY 2011-12 2017 (7) TMI 1144 - ITAT KOLKATA[] the assessee is not in default for non-deduction of TDS as the payment alleged to have been paid to AAI was in turn offered by AAI as income in its account and paid the tax - amounts alleged to have been paid to AAI does not constitute rent, therefore the application of provisions under section 194I does not arise at all. No default as amounts alleged to have been paid to AAI does not constitute rent, therefore the application of provisions under section 194I does not arise at all.- Decided in favour of assessee TDS u/s. 194A/194H - charge of TDS and interest on payment of bank guarantee commission and bank charge - Held that:- As decided in assessee's own case for AY 2011-12 payments made to bank guarantee and the payments of commission paid for bank guarantee are not covered by the provisions of section 194H of the Act. In the present case, ITD Cementation India Ltd. is a sister concern of the assessee. The said sister concern arranged loan from IDBI to the assessee and the impugned amount is to be paid to IDBI towards bank guarantee, commission, bank charges and interest by the sister concern and the same were reimbursed by the assessee to its sister concern. There is no element of income in such payments - Decided in favour of assessee
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