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    <title>2015 (2) TMI 1230 - ITAT MUMBAI</title>
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    <description>Lease premium and charges paid for allotment of additional FSI on a long-term lease were treated as not constituting rent under section 194-I of the Income-tax Act, 1961. On that basis, the payer had no obligation to deduct tax at source, and the consequential demand and interest under sections 201(1) and 201(1A) could not be sustained. The Tribunal followed its consistent earlier view that such premium is a capital or allotment-related payment rather than rent, with the result that the TDS disallowance was deleted and the assessee&#039;s position was upheld.</description>
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    <pubDate>Wed, 04 Feb 2015 00:00:00 +0530</pubDate>
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      <title>2015 (2) TMI 1230 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=191948</link>
      <description>Lease premium and charges paid for allotment of additional FSI on a long-term lease were treated as not constituting rent under section 194-I of the Income-tax Act, 1961. On that basis, the payer had no obligation to deduct tax at source, and the consequential demand and interest under sections 201(1) and 201(1A) could not be sustained. The Tribunal followed its consistent earlier view that such premium is a capital or allotment-related payment rather than rent, with the result that the TDS disallowance was deleted and the assessee&#039;s position was upheld.</description>
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