2013 (9) TMI 1085

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....rd together and are being disposed of by this common order for the sake of convenience and brevity. ITA No.708/Mum/2012 (A.Y : 2009-10) 2. The revenue has raised as many as 12 grounds of appeal. The sum and substance of the grievance of the revenue is that the CIT(A) erred in law and on facts in holding that the assessee was not liable to deduct tax at source u/s. 194I. Facts on record show that the Assessing Officer received information that the assessee has paid lease premium to Mumbai Metropolitan Regional Development Authority (MMRDA) on which no tax was deducted at source. Therefore, a show cause notice was issued and served on the assessee requiring to explain as to why the sums paid and termed as premium should not be treated as l....

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....s, deleted the entire demand raised by the Assessing Officer. Aggrieved by this the revenue is before us. 4. At the very outset, the learned counsel for the assessee brought to our notice the decisions of the Tribunal in the case of Wadhwa & Associates Realtors Pvt. Ltd. in ITA Nos. 695/M/12 for A.Y. 2008-09 and in the case of Shree Naman Developers Ltd. in ITA Nos. 686 & 687/Mum/2012 for A.Y. 2008-09 and 2009-10 and submitted that this issue has been well settled in favour of the assessee. The learned DR could not bring any distinguishing facts in favour of the revenue. 5. We have carefully perused the orders of the lower authorities and the decisions of the Tribunal brought on record. We find that the same combination in the case of Wad....

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....It is also seen that the MMRD in exercise of power u/s. 43 r.w. Sec. 37(1) of the Maharashtra Town Planning Act 1966, MRTP Act and other powers enabling the same has approved the proposal to modify regulation 4A(ii) and thereby increased the FSI of the entire 'G' Block of BKC. The Development Control Regulations for BKC specify the permissible FSI. Pursuant to such provisions, the assessee became entitled for additional FSI and has further acquired/purchased the additional built up area for construction of additional area on the aforesaid plot. Thus, the assessee has made payment to MMRD under Development Control for acquiring leasehold and additional built up area. The decisions of the Tribunal in the case of M/s. National Stock Exchange (....