Non-Applicability of the provisions of section 194-I of the I. T. Act, 1961 on remittance of Passenger Service Fees (PSF) by an Airline to an Airport Operator.
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Non applicability of rent withholding on passenger service fees affirmed; tax department to stop pursuing appeals. Payments characterized as Passenger Service Fee remitted by airlines to airport operators do not constitute 'rent' for tax deduction at source purposes because incidental or ancillary use of land or buildings while providing services does not satisfy the primary requirement of payment for use of land or building; the revenue board has accepted this view and directed cessation or withdrawal of appeals on the issue.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Non applicability of rent withholding on passenger service fees affirmed; tax department to stop pursuing appeals.
Payments characterized as Passenger Service Fee remitted by airlines to airport operators do not constitute "rent" for tax deduction at source purposes because incidental or ancillary use of land or buildings while providing services does not satisfy the primary requirement of payment for use of land or building; the revenue board has accepted this view and directed cessation or withdrawal of appeals on the issue.
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