2018 (6) TMI 699

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....ed order for the sake of convenience by taking the ITA No. 932/Kol/2015 as the lead case. 2. The first ground of appeal of revenue is against the order of Ld. CIT(A) in deleting the charge of TDS and interest on account of non-deduction of TDS u/s. 194I of the Incometax Act, 1961 (hereinafter referred to as the "Act" on payment of land rent amounting to Rs. 80,15,529/- to Airport Authority of India Ltd. (in short AAIL). 3. Briefly stated facts are that a survey u/s. 133A(1) of the Act was conducted on 18.01.2013 on the assessee firm. The assessee has been awarded a contract for constructing a new Airport Terminal at NSCBI, Kolkata by Air Port Authority of India. According to AO, the assessee did not make TDS on various payments for the as....

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....l submissions and gone through the facts and circumstances of the case. We note that the identical issue came up before the coordinate bench of this Tribunal in assessee's own case in ITA No. 1462/Kol/2014 for AY 2011-12 and the Tribunal vide its order dated 12.07.2017 has held as under: "8. Heard rival submissions and perused the relevant material available on record. We find that the CIT(A) held the ITA No. 1462/KOL/2014 7 impugned amount does not constitute rent which attracts deduction of TDS under section 194I of the Act by placing reliance on the decision of Hon'ble High Court of Delhi in the case of CIT vs NIIT reported in 318 ITR 289. 9. We note that the CIT(A) placed reliance on the decision of Hon'ble Supreme Court in the cas....

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.... on payment of bank guarantee commission and bank charges amounting to Rs. 42,72,657/- (correct figure is Rs. 36,79,083/-) u/s. 194A/194H of the Act. 6. Briefly stated facts are that the AO found that the assessee had paid a consideration of Rs. 36,79,083/- as administrative expenses to the ITD Cementation India Ltd. on account of bank guarantee commission of Rs. 23,52,172/- and bank charges of Rs. 11,96,402/-. The AO asked the assessee to explain as to why TDS was not deducted on these payments. The assessee replied vide letter dated 25.03.2014 which was reproduced by the AO in the assessment order dated 28.03.2014 passed u/s. 201(1)/201(1A) of the Act. Before the AO the assessee also submitted that M/s. ITD Cementation India Ltd. is a Co....