2013 (9) TMI 1172 - AT - Income Tax

Summary

Issues involved: Appeal challenging order u/s 201(1) / 201(1A) of the Income Tax Act, 1961 for AY 2009-10 regarding non-deduction of TDS and levy of interest u/s 201(1) / 201(1A) for not complying with provisions of section 194-I.

Summary:

Non-Deduction of TDS and Levy of Interest:
The Revenue appealed against the order dated 25th December 2011, challenging the non-deduction of TDS and levy of interest u/s 201(1) / 201(1A) due to the assessee's alleged non-compliance with section 194-I. The dispute centered on the payment made by the assessee to MMRDA for additional FSI premium, which the Assessing Officer considered as rent necessitating TDS deduction. However, the Tribunal held in favor of the assessee, citing previous decisions where similar payments were not classified as rent under section 194-I. The Commissioner (Appeals) concurred, noting that the premium for additional FSI did not fall under the purview of rent as per section 194-I, thus no TDS deduction was required. The Tribunal upheld this decision, emphasizing that such premium payments could not be categorized as rent under section 194-I, thereby dismissing the Revenue's appeal and negating the levy of interest u/s 201(1) / 201(1A).

Judicial Members' Decision:
The appeal was disposed of based on the issues raised by the Revenue, with the Tribunal ruling in favor of the assessee due to the nature of the payment for additional FSI premium not aligning with the definition of rent under section 194-I. The Tribunal's decision was supported by previous judgments and consistent with its stance on similar cases, ultimately leading to the dismissal of the Revenue's appeal.