Depreciation and routine compliance expenses disallowance did not prove inaccurate particulars or misreporting; penalty sustained only on foreign trav...
TDS u/s 194C, not 194I, is applicable on payment of Common Area Maintenance (CAM) charges. CAM charges paid by the assessee do not form part of actual rent paid to the owner, but are for separate and distinguishable services. CAM charges cannot be said to be for use of building. Therefore, the correct TDS provision applicable is Section 194C at 2%, not Section 194I. The assessee was in default u/s 201(1) for short deduction of TDS. The issue is covered by a series of ITAT decisions, including Connaught Plaza Restaurants P. Ltd, holding that CAM charges are liable for TDS u/s 194C, not 194I. The appeal of the assessee is allowed.
TDS u/s 194C, not 194I, is applicable on payment of Common Area Maintenance (CAM) charges. CAM charges paid by the assessee do not form part of actual rent paid to the owner, but are for separate and distinguishable services. CAM charges cannot be said to be for use of building. Therefore, the correct TDS provision applicable is Section 194C at 2%, not Section 194I. The assessee was in default u/s 201(1) for short deduction of TDS. The issue is covered by a series of ITAT decisions, including Connaught Plaza Restaurants P. Ltd, holding that CAM charges are liable for TDS u/s 194C, not 194I. The appeal of the assessee is allowed.
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