2014 (10) TMI 902 - AT - Income Tax

TDS u/s 194I - non deduction of tds on lease premium paid to Pimpri Chinchwad New Township Development Authority (PCNTDA) - demand raised under section 201(1) and 201(1A) - Held that - The lease premium was paid to PCNTDA by the assessee as a pre-condition for entering into a lease agreement, the same cannot be said to have been paid consequent to the lease agreement executed between the parties. Further, the CIT(A) has given a finding that stamp duty had been paid on the market value of the plot represented by the lease premium, which has not been controverted by the learned Departmental Representative for the Revenue. We uphold the order of CIT(A) in holding that the lease premium paid by the assessee is outside the purview of section 194I of the Act and the Assessing Officer was not justified in raising the demand under section 201(1) and 201(1A) of the Act. The grounds of appeal raised by the Revenue are thus, dismissed. - Decided in favour of assessee.

Summary

Issues:
Appeal against CIT(A) order related to assessment year 2013-14 under section 201(1) / 201(1A) of the Income-tax Act regarding lease premium payment to PCNTDA.

Analysis:
1. The main issue in this appeal pertains to the demand raised under section 201(1) / 201(1A) of the Income-tax Act concerning the lease premium paid to PCNTDA by the appellant.

2. The appellant contended that the payment of lease premium was a pre-condition for obtaining lease rights, and it was only after this payment that the lease agreement was entered into, granting the appellant a bundle of rights over the property.

3. The Assessing Officer held the appellant in default for not deducting TDS on the lease premium paid to PCNTDA, relying on a Chennai Tribunal decision. This resulted in a demand of Rs. 22,90,585 under section 201(1) of the Act, along with interest under section 201(1A).

4. The CIT(A) analyzed the agreement between the appellant and PCNTDA, noting that the lease premium was a pre-condition for entering into the lease agreement and not covered under the definition of rent in section 194I of the Act. The CIT(A) distinguished the case from precedent where upfront payment was part of acquiring leasehold rights.

5. The Tribunal referred to similar cases where payment of lease premium was held not subject to TDS under section 194I, emphasizing that the payment made by the appellant to PCNTDA was a pre-requisite for entering into the lease agreement, thus not falling under the purview of TDS deduction.

6. Considering the facts and circumstances, the Tribunal upheld the CIT(A) order, stating that the lease premium paid by the appellant did not warrant TDS deduction under section 194I. The Tribunal dismissed the Revenue's appeal, affirming that the demand raised was unjustified.

7. The Tribunal concluded by dismissing the Revenue's appeal and upholding the decision that the lease premium payment to PCNTDA did not require TDS deduction under section 194I, as it was a pre-condition for entering into the lease agreement.

This detailed analysis covers the key issues and the Tribunal's decision regarding the demand raised under section 201(1) / 201(1A) of the Income-tax Act related to lease premium payment to PCNTDA.