Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
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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