Mis-declaration and Concealment: confiscation affirmed, transaction value re-determined and mandatory penalty sustained; redemption allowed on payment...
Common area maintenance (CAM) charges paid with rent retain a separate character when they represent maintenance and allied services for common areas; rent remains subject to TDS as rent, while separately identifiable CAM charges are deductible under the provision for contract or service payments. The ITAT accepted the CIT(A)'s view, followed the coordinate Bench ruling in the assessee's own case, and treated the hotel-room rent precedent as factually distinguishable. The demand raised for non-deduction of tax and the consequential liability were deleted.
Common area maintenance (CAM) charges paid with rent retain a separate character when they represent maintenance and allied services for common areas; rent remains subject to TDS as rent, while separately identifiable CAM charges are deductible under the provision for contract or service payments. The ITAT accepted the CIT(A)'s view, followed the coordinate Bench ruling in the assessee's own case, and treated the hotel-room rent precedent as factually distinguishable. The demand raised for non-deduction of tax and the consequential liability were deleted.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4824 
Join Channel 
