2016 (4) TMI 825 - ITAT DELHI
DCIT Circle 13 (1) , New Delhi Versus Nice Projects P. Ltd.
TDS u/s 194C OR 194I - disallowance u/s 40(a)(ia) - Held that - There is nothing in the section which say that disallowance could be made u/s 40(a)(ia) of the Act for short deduction of tax at source. - Decided in favour of assessee - Addition being liquidated damages paid on the breach of a contract - Held that - CIT(A) has recorded his observation in detail in respect of deletion of the addition made by the ld. Assessing Officer by recording a clear finding that the amount paid by the assessee are in the nature of compensation paid to the parties for failure to deliver any or all the goods, ....... - .......
2016 (4) TMI 314 - MADRAS HIGH COURT
M/s. Foxconn India Developer (P) Ltd. Versus The Income tax Officer, TDS Ward-II (3) , Chennai
TDS u/s 194I - upfront payment made by an assessee for the acquisition of leasehold rights over an immovable property for a long duration of time say 99 years - whether constitute rental income at the hands of the lessor, obliging the lessee to deduct tax at source under Section 194-I of the Act? - assessee in default - Held that - It is crystal clear that the One Time Non-refundable Upfront Charges paid by the assessee was not (i) under the agreement of lease and (ii) merely for the use of the land. The payment made for a variety of purposes such as (i) becoming a co-developer (ii) developing ....... - .......
2016 (3) TMI 880 - DELHI HIGH COURT
Apeejay Surrendera Park Hotels Ltd. And Another, Federation of Hotel And Restaurant Associations of India And Others Versus Union of India & Others
TDS u/s 194I - whether the tour operators/travel agents were required to deduct TDS under Section 194-I of the Act while making payments to the hotels on behalf of foreign tourists? - Held that - The Revenue is right in its contention that applicability of Section 194-I does not depend upon whether the income of the hotel from room charges is assessed under profits and gains of business or profession or income from house property . Section 194-I is applicable at the time of payment of rent or at the time of crediting such amount to the payee, if the other conditions laid down under the said pr ....... - .......
2016 (4) TMI 426 - ITAT PUNE
Dy. Commissioner of Income Tax, (TDS) – 2, Pune Versus Shri Maruti Windpark Developers
TDS u/s 194C - Whether on the payments made for hiring of machinery, cranes etc., the tax at source is to be deducted under the provisions of section 194C or section 194I? - Held that - Tribunal in the case of Bharat Forge Ltd. Vs. Addl. CIT (2013 (11) TMI 1263 - ITAT PUNE ) in a similar case has held that on the payments made for hiring of cranes, the provisions of section 194C would apply. In the said case contractor was to bear the expenses for petrol, operator day to day repair and main ....... - .......
2016 (4) TMI 674 - MADRAS HIGH COURT
M/s. Tril Inforpark Limited Versus The Income Tax Officer (TDS) Ward-1 (1)
TDS u/s 194I - whether the amount of more than about ₹ 1400 Crores paid by the Joint Venture Company to TIDCO constituted rent or not? - Held that - Though the amount of ₹ 1412 Crores was paid actually by the lessee to the lessor, it was not paid merely for the purpose of retaining the lease for a period of 99 years. The amount paid was actually determined in an open competitive bidding that took place even before the Joint Venture Company was born. Tata Realty and Infrastructure Limited, which was the Joint Venture Partner, offered this amount for getting the benefit of entering i ....... - .......
2016 (4) TMI 567 - ITAT HYDERABAD
M/s. Incable Net (Andhra) Ltd. Versus The Income Tax Officer, Ward-2 (1) , Hyderabad and Deputy Commissioner of Income Tax, Circle-2 (1) , Hyderabad Versus M/s. Incable Net (Andhra) Ltd.
TDS u/s 194J - Payments made to pay channels (Royalties & Commission) - Held that - The view entertained by the assessee that the pay channel charges cannot be considered as royalty is in fact gets support from the decision rendered by Hon ble Delhi High Court in the case of Asia Satellite Telecommunication Co. Ltd (2011 (1) TMI 47 - DELHI HIGH COURT ). Though the Explanation 6 to sec. 9(1)(vi) inserted by Finance Act, 2012 is clarificatory in nature, yet in view of the fact that the view entertained by the assessee gets support from the decision of Delhi High Court, referred above, we are ....... - .......
2016 (3) TMI 591 - ITAT MUMBAI
M/s. Sahana Dwellers Pvt. Ltd. Versus Income Tax Officer Ward–8 (3) (1) , Mumbai
TDS U/S 194I - disallowance u/s 40(a)(ia) - compensation paid by the assessee to the tenants towards alternative accommodation - Held that - On a plain reading of the definition of rent, it becomes clear that the payment made by the assessee does not come within the purview of rent as prescribed in the said provision as the assessee is not making such payment for use of any land, building, etc. On the contrary, if the facts involved are considered as a whole the payment made by the assessee is nothing else but in the nature of compensation. - The Tribunal in case of Jitendra Kumar Madan ( 2012 ....... - .......
2016 (3) TMI 913 - ITAT PUNE
ITO, TDS-2, Pune Versus M/s. Patil Hospital and ITO, TDS-2, Pune Versus M/s. Nirman Associates
TDS u/s 194I - non deduction of tds on lease premium paid - demand raised u/s 201(1)/201(lA) - Held that - As decided in ITO (TDS) -3, Pune Versus Shri Ajay N. Yerwadekar 2015 (11) TMI 1382 - ITAT PUNE where the lease premium paid to PCNTDA was a pre-condition for entering into the lease agreement, the same not being paid consequent to the execution of the lease agreement, cannot be said to be payment in lieu of rent as envisaged under section 194 I of the Act. In addition, the assessee had paid stamp duty on the market value of the plot represented by the lease premium and the sai ....... - .......
2016 (2) TMI 883 - ITAT RAJKOT
Assistant Commissioner of Income Tax TDS Circle, Rajkot Versus Pushpak Logistics Pvt Ltd
TDS u/s 194I or 194C - logistic service for carrying goods by sea route in containers - Held that - The use of containers is incidental to the whole process of transportation of goods between ship and shore and it cannot be considered as a standalone transaction in its own character. The question of tax deduction under section 194I could have, if at all, arisen only when it was a rental simplictor of the equipment. That is not even the case here. No doubt the bills have been raised on the basis of the size of the container because irrespective of the weight of the container, it is size which d ....... - .......
2016 (3) TMI 311 - ITAT MUMBAI
M/s Niche International C/o Aniruddhamody and Co Versus A.C. IT CIR 15 (2) , Mumbai
TDS u/s 194I - non deduction of TDS - Held that - For the purpose of deduction of tax at source under provision of section 194I of the Act the annual rent has paid or credited to one person has to ₹ 1,80,000/- whereas in the case before us the rent per person was only paid of ₹ 1,20,000/- which is below the limit specified in this section. In view of these facts , the provision of section 194I are not applicable in the present case and the disallowance ma ....... - .......
2016 (3) TMI 19 - ITAT JAIPUR
M/s Latala Construction Company Versus Additional Commissioner of Income Tax, Range-5, Jaipur and Deputy Commissioner of Income Tax, Circle-5, Jaipur Versus M/s Latala Construction Company
NP rate determination - CIT(A) has calculated NP rate 6.28 on given facts and figures by the assessee against 5.16 shown in the year under consideration - Held that - AR had not controverted the finding given by the ld CIT(A). The ld AR had not challenged the rejection of books of account, therefore, book result cannot be accepted as such. The past history also showed that the assessee had shown much more NP rate even on higher gross receipts. The assessee is a habitual for non-maintaining proper books of account including vouchers and stock register as per site wise and details of labour char ....... - .......
2016 (4) TMI 873 - ITAT HYDERABAD
Heritage Hospitality Limited Versus Deputy Commissioner of Income Tax, Circle-2 (2) , Hyderabad
Income from house property V/S Profits and gains of business or profession - nature of income - head of income - Held that - The definition of rent includes any payment by whatever name called, for use of buildings including factory buildings, equipment, furniture or fittings. Even if machinery was leased, the consequent rent comes under the definition. But machinery lease can not be considered under income from House property . That indicates that just because TDS was made u/s. 194-I, it cannot be treated as house property income as the rent definition includes lease of equipment, lease of fu ....... - .......
2016 (1) TMI 1028 - ITAT CHENNAI
The Asstt. Commissioner of Income-tax Company Circle II (3) /Dy. Commissioner of Income-tax Corporate Circle 2 (1) Chennai Versus M/s The India Cements Ltd
Addition on reversal of income arising on cancellation of sales tax assignment - Held that - The reversal of the amount on cancellation of such assignment consequent upon the amalgamation of M/s Visaka Cement Industry Ltd with assessee-company is only a loss in the course of normal business, therefore, as rightly found by the CIT(A), it has to be allowed. The loss resulted to the assessee is due to cancellation of assignment of sales tax deferred. Since the profit resulting from the agreement has already been treated as income of the assessee, this Tribunal is of the considered opinion that th ....... - .......
2016 (1) TMI 664 - ITAT JAIPUR
M/s Gupta Fabtex Pvt Ltd Versus Deputy Commissioner Of Income Tax (TDS) , Jaipur
TDS u/s 194-I - development charges paid by the assessee to Rajasthan State Industrial Development and Investment Corporation Limited (RIICO) towards allotment of land on lease of 99 years - whether payment of development charges paid was for acquisition of leasehold rights or for use of land? - Held that - ease 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 l ....... - .......
2015 (12) TMI 984 - DELHI HIGH COURT
Commissioner of Income Tax-TDS Versus The Indian News Paper Society
TDS u/s 194I - Lease premium for the land given on lease - whether is in the nature of a capital expense not falling within the ambit of Section 194I - Held that - In Durga Khanna v. Commissioner of Income Tax 1969 (1) TMI 1 - SUPREME Court the Supreme Court held that, prima facie, premium or salami was not income and the onus was on the Revenue to show that facts existed which would make it a revenue payment. As far as the present case is concerned, the facts brought on record, and which have not been contested by the Revenue, unmistakably show that the payment of the lease premium for the la ....... - .......