2013 (9) TMI 1085 - AT - Income Tax

Assessee not liable for TDS on lease premium payments deemed capital expenditure.

The ITO (TDS) 2 (4), Mumbai Versus Naman BKC CHS Ltd. And Vice-Versa

The Tribunal upheld the CIT(A)'s decision that the assessee was not liable to deduct tax at source under section 194I for lease premium payments, ... TDS u/s 194I - Held that:- Amount 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. Issues involved:Appeals by revenue against CIT(A) orders for A.Ys. 2009-10 and 2011-12; Whether assessee liable to deduct tax at source u/s. 194I; Nature of transaction vis-a-vis section 194I; Applicability of decisions in favor of assessee; Dismissal of appeals and cross-objections.Analysis:1. The appeals by the revenue were directed against the CIT(A) orders for A.Ys. 2009-10 and 2011-12, concerning the liability of the assessee to deduct tax at source u/s. 194I. The Assessing Officer issued a show cause notice as no tax was deducted on lease premium paid to MMRDA. The CIT(A) held that the payment was not in the nature of rent under section 194I, based on precedents like Khimline Pumps Ltd. and Mukund Ltd. The revenue challenged this decision.2. The Tribunal considered previous decisions like Wadhwa & Associates Realtors Pvt. Ltd. and Shree Naman Developers Ltd., where similar issues were decided in favor of the assessee. The Tribunal analyzed the lease deed and concluded that the premium paid for leasehold rights was a capital expenditure, not rent u/s. 194I. Citing relevant regulations and judicial decisions, the Tribunal confirmed the CIT(A)'s decision, dismissing the revenue's appeal.3. In the cross-objection for A.Y. 2009-10, the Tribunal found the assessee not liable to deduct tax at source, aligning with the decision in the revenue's appeal. As a result, the cross-objection was deemed unnecessary and dismissed along with the revenue's appeal.4. In another appeal for A.Y. 2011-12, the revenue's grievance mirrored that of A.Y. 2009-10. Following the same analysis and reasoning, the Tribunal dismissed both the revenue's appeal and the assessee's cross-objection for A.Y. 2011-12, in line with the decision for A.Y. 2009-10.5. The Tribunal's order, pronounced in September 2013, upheld the CIT(A)'s decision that the assessee was not required to deduct tax at source u/s. 194I for the payments made, based on the nature of the transaction and relevant legal precedents. The appeals and cross-objections were thus dismissed for both assessment years.