2003 (12) TMI 270

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of the landlords of the building at 2, Dr. Suresh Sarkar Road, Kol.-14, which was being occupied by the assessee as tenant since 1998-99. It was alleged by Mr. Gupta in his petition dt. 14th June, 2000, since 1995 the assessee-tenant has not issued the certificate to him though it deducted TDS amounting to Rs. 10,000 per month. He further submitted that out of monthly rent of Rs. 50,000, he was paid only Rs. 40,000 per month and the balance amount of Rs. 10,000 was deducted by the tenant and no TDS certificate was issued. In the course of survey under s. 133A it was detected that no tax was deducted at source by the assessee under s. 194-I. Opportunity of being heard was given to the assessee by the AO. It was submitted by the assessee befo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....T(A)'s order. 5. We have taken note of the reasons given by the authorities below and the contentions advanced by the assessee before the AO as well as before the CIT(A). The learned Authorised Representative of the assessee has reiterated all those contentions and submissions that were made before the lower authorities. 6. We have considered the rival contentions of both the parties and have gone through the orders of the authorities below. On perusal of the tenancy agreement, we find that the assessee has entered into the tenancy agreement with the following landlords: (1) Smt. Shakuntala Gupta, w/o Sri Shyam Sunder Gupta (2) Smt. Mira Devi Gupta, w/o Dr. Surendra Kumar Gupta (3) Smt. Mira Gupta, w/o Shri Sashi Bhusan Gupta....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....4-I of the Act it is clear that the word 'rent' has been defined in the Explanation to that section. The word 'rent' for the purpose of s. 194-I means any payment, by whatever name called, under any lease, sub-lease, tenancy or any other agreement or arrangement for the use of any land or any building (including the factory building), together with furniture, fittings and the land appurtenant thereto, whether or not such building is owned by the payee. It is, therefore, clear that the payment for the use of any land or any building (including the factory building) together with furniture, fittings and land appurtenant thereto is a 'rent' for the purpose of s. 194-I and not otherwise. On perusal of the service agreement and the nature of the....