Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
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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