2018 (7) TMI 128

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....ion of tax at source. 2. As common issues are involved in all the three appeals, the same were heard together and disposed of by way of consolidated order for the sake of convenience. The grounds of appeal raised in fITA No. 3874/Del/2015 for assessment year 2011-12 are reproduced as under: 1. That the learned CIT (A) has erred on facts and in law in upholding action of the assessing officer holding the appellant as assessee-in-default under s. 201 of the Act for non deduction of tax at source (in the sum of Rs. 2,30,59,862/-) from lease rent payments to the Yamuna Expressway Industrial Development Authority ("YEIDA") in respect of the 90-year leases of land, ignoring that - 1) The 90-year leases of land involve substantial lease p....

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....ven if tax (in respect of lease rent) was deductible but was not deducted, the appellantassessee still cannot be required to pay the tax not so deducted, because the liability to pay the tax remains that of the payee of income direct. The assessee is liable only to pay the interest under s. 201(1 A) on tax which remains unpaid by the payee. The appellant craves leave to add, amend, modify and/ or forgo any of the grounds of appeal. 3. Briefly stated facts of the case are that the assessee company was engaged in the business of developing, operating and maintaining infrastructure facility. In the case of the assessee, a survey under Section 133A of the Income-tax Act, 1961 (for short 'the Act') was conducted on 24.02.2014 for verificat....

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.... filed their returns disclosing the lease rent and paid the tax payable by them. He submitted that since the issues in dispute have already been decided, the present appeals may also be disposed of accordingly. 5. On the other hand, Ld. DR could not controvert this fact. 6. We have heard the rival submissions and perused the relevant material on record. The Tribunal decided the appeals of the Revenue in ITA No. 4279, 4280 & 4281/Del/ 2015, dated 31.08.2017, against the same impugned order in para 17, which reads as under: "17. On the issue of deduction of tax at source of annual lease rent paid by the assessee to Yamuna Development Express Authority Limited under Section 194I of the Income Tax Act is now squarely covered in f....