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The Tax Publishers ITO v. R.E. Infra Pvt. Ltd. [ITA No. 2076/Mum/2014, dt. 6-5-2016] : 2016 TaxPub(DT) 2299 (Mum-Trib) TDS under section 194I applicability on lease premium *Facts:* Assessee was held to be in default of non-deduction of TDS under section 194I on payment of lease premium to CIDCO. On appeal Commissioner (Appeals) negated the order of the assessing officer holding that section 194I is not applicable on lease premium paid as it was for acquiring rights in the land. On further appeal: Held in favour of the assessee that there is no TDS applicable on rent on lease premium paid for acquiring rights in the property/land. Upheld Mumbai ITAT decision of M/s. Shah Group Builders Ltd. in ITA No. 4523/Mum/2012 dated 14-8-2013 for assessment year 2008-09

The Tax Publishers

ITO v. R.E. Infra Pvt. Ltd. [ITA No. 2076/Mum/2014, dt. 6-5-2016] : 2016 TaxPub(DT) 2299 (Mum-Trib)

TDS under section 194I applicability on lease premium

Facts:

Assessee was held to be in default of non-deduction of TDS under section 194I on payment of lease premium to CIDCO. On appeal Commissioner (Appeals) negated the order of the assessing officer holding that section 194I is not applicable on lease premium paid as it was for acquiring rights in the land. On further appeal:

Held in favour of the assessee that there is no TDS applicable on rent on lease premium paid for acquiring rights in the property/land.

Upheld Mumbai ITAT decision of M/s. Shah Group Builders Ltd. in ITA No. 4523/Mum/2012 dated 14-8-2013 for assessment year 2008-09