2013 (9) TMI 1059 - AT - Income Tax

TDS u/s 194I - Payment for acquiring leasehold land is a capital expenditure. Considering the entire facts in totality in the light of the judicial decisions vis- -vis provisions of Sec. 194-1, definition of rent as provided under the said provision, we do not find any reason to tamper or interfere with the findings of the Ld. CIT(A) which we confirm.

Summary

Issues:
Appeals filed by the revenue and cross-appeals by the assessee against orders passed by Ld. CIT(A)-14, Mumbai for assessment years 2008-09 and 2010-11 respectively.

Analysis:
The issue in question pertains to the tax liability of the assessee concerning a payment made to the Mumbai Metropolitan Regional Development Authority (MMRDA) for additional built-up area. The Assessing Officer (AO) treated the payment as rent for land use, thereby imposing tax liability on the assessee under section 194I of the Income Tax Act. However, the Ld. CIT(A) overturned this decision, leading to the revenue's appeal. The Tribunal referred to various decisions, including those involving similar cases, to analyze the matter comprehensively.

For the assessment year 2008-09, the AO imposed a tax liability of &8377; 58,95,94,618 under section 201 and interest of &8377; 23,58,37,848 under section 201(1A) on the assessee. The Ld. CIT(A) deleted these additions, prompting the revenue's appeal. The Tribunal found that the issue was similar to previous cases and relied on the decision in the case of ITO vs. M/s. Wadhawa & Associates Realtors Pvt. Ltd. to support its conclusion.

In the case of ITO vs. M/s. Wadhawa & Associates Realtors Pvt. Ltd., the Tribunal examined the nature of the payment made by the assessee to MMRDA. The Tribunal concluded that the payment was not akin to rent but rather a capital expenditure for acquiring leasehold land and additional built-up area. Citing relevant legal provisions and judicial decisions, the Tribunal upheld the Ld. CIT(A)'s decision to delete the tax liability imposed by the AO, leading to the dismissal of the revenue's appeal.

The Tribunal noted that the facts and circumstances of the present case aligned with those of previous cases referred to by the Ld. AR. Consequently, the Tribunal dismissed the departmental appeals and cross-objections, as they had become infructuous in light of the dismissal of the revenue's appeals. The appeals and cross-objections were ultimately dismissed by the Tribunal, following the precedent set in similar cases.

In conclusion, the Tribunal upheld the Ld. CIT(A)'s decision to delete the tax liability imposed on the assessee, emphasizing the capital nature of the payment made to MMRDA for leasehold land and additional built-up area. The Tribunal's judgment was based on a thorough analysis of legal provisions, judicial decisions, and precedents in similar cases.