TMI Blog2013 (9) TMI 1085X X X X Extracts X X X X X X X X Extracts X X X X ..... he cross-objections are by the assessee against the very same order of the CIT(A) respectively. As common issues are involved in these appeals and cross-objections, they were heard together and are being disposed of by this common order for the sake of convenience and brevity. ITA No.708/Mum/2012 (A.Y : 2009-10) 2. The revenue has raised as many as 12 grounds of appeal. The sum and substance of the grievance of the revenue is that the CIT(A) erred in law and on facts in holding that the assessee was not liable to deduct tax at source u/s. 194I. Facts on record show that the Assessing Officer received information that the assessee has paid lease premium to Mumbai Metropolitan Regional Development Authority (MMRDA) on which no tax wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount paid by the assessee is not in the nature of rent as contemplated u/s. 194I of the Act and held that the assessee was not required to deduct tax at source u/s. 194I of the Act and, thus, deleted the entire demand raised by the Assessing Officer. Aggrieved by this the revenue is before us. 4. At the very outset, the learned counsel for the assessee brought to our notice the decisions of the Tribunal in the case of Wadhwa Associates Realtors Pvt. Ltd. in ITA Nos. 695/M/12 for A.Y. 2008-09 and in the case of Shree Naman Developers Ltd. in ITA Nos. 686 687/Mum/2012 for A.Y. 2008-09 and 2009-10 and submitted that this issue has been well settled in favour of the assessee. The learned DR could not bring any distinguishing facts in fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid periodically. A perusal of the records further show that the payment to MMRD is also for additional built up are and also for granting free of FSI area, such payment cannot be equated to rent. It is also seen that the MMRD in exercise of power u/s. 43 r.w. Sec. 37(1) of the Maharashtra Town Planning Act 1966, MRTP Act and other powers enabling the same has approved the proposal to modify regulation 4A(ii) and thereby increased the FSI of the entire G Block of BKC. The Development Control Regulations for BKC specify the permissible FSI. Pursuant to such provisions, the assessee became entitled for additional FSI and has further acquired/purchased the additional built up area for construction of additional area on the aforesaid plot. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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