TMI Blog2012 (12) TMI 846X X X X Extracts X X X X X X X X Extracts X X X X ..... -I could be attracted to the amounts or charges paid to the c & f agents in terms of the agreements. No infirmity in the findings of the CIT(Appeals) as endorsed by the ITAT that Section 194-I can only be applied when the immovable properties are let out & none of the heads of payments made to C & F Agents by the assessee is a head of payment by way of rent - in favour of assessee. - ITA 516/2012 - - - Dated:- 12-12-2012 - S. RAVINDRA BHAT And R.V. EASWAR, JJ. Appellant : Mr. Karan Khanna, Adv Respondent : Mr. Percy J Pardiwalla, Sr. Adv. with Mr. Satyen Sethi, Mr. Nishant Thakkar and Mr. Arta Trana Panda, Advs S. RAVINDRA BHAT,J: (OPEN COURT) The revenue claims to be aggrieved by the order dated 25.2.2011 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payments made to C F Agents by the assessee is a head of payment by way of rent. Section 194-I is not a residuary clause. It has been enacted specifically for rent from immovable property. The AO passed the order under section 194-I of the Act. However, the Commissioner (Appeals) not being confined to section 194-I only, gave directions to the AO for bifurcation. In spite thereof the assessee is correct in contending that these directions are not based on material relevant to the record, in as much as it is borne out from the records that it is only one parties before the AO, which was taken into consideration before Commissioner (Appeals). Moreover, as rightly pointed out by the Ld. Counsel for the assessee, there is no such thing as pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the TDS provisions are applicable to the payer of income. Since the applicable tax also been suffered and paid at the C F agent level on all such payment, so it would be unfair on the part of the revenue to levy additional tax on such payments which has been already suffered full applicable tax as the level of its assessee. 3. After remand the CIT(A) deleted the entire demand of Rs.1,03,72,700/- made by the assessing officer and allowed the appeal. The revenue s appeal to the ITAT was dismissed. 4. The Tribunal has considered the previous orders as well as the materials on record such as the various lease deeds or the agreements that the assessee had entered into with the landlord/lessors. It analysed those as well as the c f agre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeals) and the ITAT had the benefit of examining the entire documentary evidence which consisted of the various lease deeds and the c f agents agreements. The conclusions drawn by these authorities on the basis of such scrutiny are concurrent. Even otherwise, if the revenue was of the opinion that any consideration paid to the c f agent comprised of some elements such as rent, such a conclusion ought to have been supported by facts. What is discernable from the materials on record is that the assessee had rented premises from their landlords. Payments of rent were made after deducting the tax in terms of Section 194-I. What the assessee paid to the c f agents as warehousing charges was the consideration in terms of the agreement whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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