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2024 (2) TMI 1221 - AT - Income TaxTDS u/s 194I and 194A - non deduction of TDS payment to New Okhla Industrial Development Authority (“NOIDA”) on account of lease rent and on account of interest on lease rent - HELD THAT:- We observe that the same issue came up for consideration before the Co-ordinate Bench of the Tribunal in own case for AY 2011-12 to 2014-15 which followed the decision of Rajesh Projects (India) Pvt. Ltd.[2017 (2) TMI 1109 - DELHI HIGH COURT] of which decision, in turn, has been affirmed by Supreme Court in New Okhla Industrial Development Authority . [2018 (8) TMI 1374 - SUPREME COURT] as directed that where result of the amounts have been paid by the petitioners, towards TDS as o coercive process used by the Revenue, the GNOIDA shall make appropri orders to credit/reimburse such payments. It is clarified that GNOIDA shall ensure that reimbursement is made to compensate the petitioners' excess payments; the income tax authorities shall not pursue any coercive methods for recovery of the amounts, or penalty, once the basic liability (with interest, to be paid by GNOIDA) is satisfied. The impugned orders are quashed; the Revenue shall make consequential orders, to give effect to this judgment, after duly hearing the petitioners and those likely to be affected, within 12 weeks from today. Respectfully following the decision of Tribunal (supra), we set aside the matter and restore it to the file of the Ld. AO to follow the directions of the Hon’ble Delhi High Court in the decision (supra) and decide it afresh in the light thereof.
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