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<h1>TDS on annual lease rent paid to development authority affirmed by applying Rajesh Projects, with prospective application sustaining assessee relief.</h1> Whether tax deduction at source applies to annual lease rent paid to a development authority was decided by applying Rajesh Projects (India) (P.) Ltd.; ... TDS u/s 194I - TDS on annual lease rent paid to Greater Noida - Scope of the term Rent - appeals of the respondent-assessee has been allowed in light of the judgment rendered by this Court in the case of Rajesh Projects (India) (p.) Limited [2017 (2) TMI 1109 - DELHI HIGH COURT] HELD THAT:- As appellant could not point out any substantial difference between the facts in the present case and the facts which were involved in the case of Rajesh Projects (supra). In the case of Rajesh Projects (supra) this Court held that TDS is required to be deducted from the payment of annual lease rent paid to Greater Noida Development Authority. The same was however, held to be prospective from the date of judgment. The aforesaid judgment has also been affirmed by Hon’ble the Supreme Court vide its judgment dated 02.07.2018 rendered in the case of New Okhla Industrial Development Authority [2018 (8) TMI 1374 - SUPREME COURT] In view of the above legal position, all the three appeals are hereby rejected. The issue which is involved in the present case remains undecided by this judgment, and the same shall remain open for subsequent relief. Issues: Whether tax deduction at source (TDS) is required to be deducted from payment of annual lease rent paid to a development authority and whether the precedent in Rajesh Projects (India) (P.) Ltd. applies.Analysis: The Court applied the reasoning in Rajesh Projects (India) (P.) Ltd., which held that TDS is required to be deducted from annual lease rent paid to the development authority, and noted that this judgment was affirmed by the Supreme Court in New Okhla Industrial Development Authority v. Commissioner of Income-tax. The appellant was unable to distinguish the facts of the present matters from the facts in Rajesh Projects. The Rajesh Projects decision was applied prospectively.Conclusion: The appeals challenging the Tribunal's allowance of the assessee's appeals are rejected; the decision in favour of the assessee (on the basis of prospective application of Rajesh Projects) is affirmed.
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