TMI Blog2018 (7) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... and the Assessing Officer has been directed to carry out the verification as mentioned in para 17 of the order of the Tribunal, these appeals stand disposed of accordingly. - ITA Nos.3874, 3875 And 3876/Del/2015 - - - Dated:- 29-6-2018 - SH. BHAVNESH SAINI , JUDICIAL MEMBER AND SH. O.P. KANT, ACCOUNTANT MEMBER For The Appellant : Sh. A.K. Garg, Adv. For The Respondent : Sh. Atiq Ahmed, Sr.DR ORDER PER O.P. KANT, A.M.: These three appeals are directed against common order dated 31.03.2015 passed by CIT(A)-I, Noida [in short the CIT(A)] for assessment years 2011-12, 2012-13 2013-14 respectively in relation to tax liability under Section 201(1)/201(1A) of the Income-tax Act, 1961 (in short the Act ) for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ital lease wherein the lessee becomes the virtual owner and the recurring lease rent is not for the use of land. 4) Ownership of land on lease-hold basis has been recognized by the Hon'ble Supreme Court in Sri Shanti Sharma Others v. Smt. Ved Prabha Others (1987) 4 SCC 193 and 1987 AIR 2028. It has also been approved by the Hon'ble Delhi High Court in Krishak Bharati Cooperative Ltd v. ACIT (2012) wherein it held that the 90 year tenure of lease was quite substantial and virtually created ownership rights in favour of the lessee. 2. That without prejudice to the above, the learned CIT (A) has erred in law in not holding, in terms of the rule laid down by the jurisdictional high court in Jagran Prakashan Ltd v. DCIT ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1A) Total tax liability 2010-11 2011-12 7,55,18,885 2,92,57,156 10,47,76,041/- 2011-12 2012-13 3,54,79,898 89,36,240 4,44,16,138/- 2012-13 2013-14 6,64,75,004 89,65,115 7,54,40,119/- Total 17,74,73,787 4,71,58,511 22,46,32,298 3.1 The learned CIT(A) partly allowed the appeal of the assessee. Aggrieved, the assessee was in appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... um for the duration of the lease, are rent, and therefore subject to TDS. Since the petitioners could not make the deductions due to the insistence of GNOIDA, a direction is issued to the said authority (GNOIDA) to comply with the provisions of law and make all payments, which would have been otherwise part of the deductions, for the periods, in question, till end of the date of this judgment. In view of this ground No. 1 of the appeal of the revenue is allowed. Now if the assessee wishes to take benefit of the proviso to section 201 of the income tax act, then it is for the assessee to furnish necessary detail, so that assessee cannot be treated as assessee in default with respect to the amount of tax deductible. As then proviso add ..... X X X X Extracts X X X X X X X X Extracts X X X X
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