2021 (1) TMI 209 - ITAT DELHI - Income Tax

Head Note / Extract:
TDS u/s 194C OR 194I - assessee-in-default - Common area maintenance charges paid - HELD THAT:- As per revenue that assessee company should deduct TDS on payment made directly to operation/maintenance services providers u/s 194-I of the Act instead of Section 194C of the Act by relying on the judgment of Sunil Kumar Gupta [2016 (9) TMI 1198 - PUNJAB AND HARYANA HIGH COURT] wherein held that maintenance charges must form a part of the rent while calculating the annual value of property u/s 23(1) of the Act for the purpose of Section 22 of the Act. However, in the present assessee company’s case, the common area maintenance charges was not forming the part of the actual rent paid to the owner by the assessee company. There is a separate agreement between the Owner, Tenant and service provider for common area maintenance which is distinguishing fact and thus, the decision of the Hon’ble Punjab and Harayana High Court will not be applicable in the present case. Therefore, the CIT(A) was not right in confirming the order of the Assessing Officer. Hence, appeal of the assessee is allowed.