2013 (9) TMI 1172

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.... ORDER PER AMIT SHUKLA, J.M. The present appeal has been preferred by the Revenue, challenging the impugned order dated 25th December 2011, passed by the learned Commissioner (Appeals), Mumbai, in relation to order under section 201(1) / 201(1A) of the Income Tax Act, 1961 (for short "the Act") for the assessment year 2009-10. 2. The only issue involved in the present appeal preferred by....

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....m paid to MMRDA does not fall within the ambit of rent under section 194-I and, hence, no TDS is required to be deducted. 4. Brief facts, as culled out from the impugned order, are that the assessee has made payment to MMRDA for sums amounting to ` 18.42 crores in the financial year 2008-09 towards premium on account of additional FSI in respect of two plots of land in the Bandra Kurla Complex.....

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....written submission furnished by the appellant and the order passed by the AO has been considered by me. It is seen that the facts in the case of the appellant are similar to the facts in the case of Shree Naman Developers Ltd. and other cases cited in para 4.6 above. Hence, it is evident that the premium paid by the appellant for acquiring additional FSI in respect of the leased plots is not in th....

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.... 7. After carefully considering the rival submissions and the relevant findings of the learned Commissioner (Appeals), we find that this issue is covered by a series of decisions of the Tribunal, Mumbai Bench. Moreover, we have also decided identical issue against the Revenue following the aforesaid decisions, as relied upon by the learned Counsel in an appeal filed by the Revenue in Trent Limite....