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2016 (8) TMI 1035 - AT - Income TaxTDS u/s 194A - lease premium / lease charges paida to M/s. New Okhla Industrial Development Authority (NOIDA) for the purpose of acquiring land - Held that - Respectfully following the ratio laid down by Hon ble Allahabad High Court in case of Canara Bank (2016 (5) TMI 570 - ALLAHABAD HIGH COURT), we hold that the assessee is not liable to deduct TDS u/s 194A of the Act as NOIDA would be a local authority and is a corporation established by the State Act. TDS u/s 194I - rent paid - Held that - It is observed that a sum has been paid during the A.Y. 2009- 10 and the sum so paid are presumed payment towards purchase of industrial plot and stamp duty for the instrument entered into. In our considered opinion that payment cannot be considered as rent, in any event, these payments pertain to A.Y. 2009- 10 and from the financial statement filed in the paper book, no rent has been paid during the year under consideration. We, are therefore, of the considered opinion that in such a case, Section 194-I cannot be made applicable as no rent has been paid or credited. Accordingly, this ground filed by the Revenue stands dismissed.
Issues Involved:
1. Applicability of TDS under Section 194A on interest paid to NOIDA. 2. Applicability of TDS under Section 194I on rent paid to NOIDA. 3. Applicability of TDS on service tax payments under Section 194J. Detailed Analysis: Issue 1: Applicability of TDS under Section 194A on interest paid to NOIDA The Revenue argued that the assessee should have deducted TDS on the interest paid to NOIDA, as NOIDA is not a corporation established by a State Act but under a State Act. The distinction was based on the Supreme Court's judgment in Dalco Engineering Pvt. Ltd. vs. Satish Prabhakar Padhye. The assessee countered that NOIDA is a local authority, and its income is exempt from tax, citing the Tribunal's decision in ACIT (TDS) vs. Canara Bank, which was upheld by the Allahabad High Court. The Tribunal referred to the Allahabad High Court's decision in CIT vs. Canara Bank, which clarified that NOIDA is a corporation established by a State Act and thus exempt from TDS under Section 194A. Consequently, the Tribunal held that the assessee was not liable to deduct TDS on the interest paid to NOIDA under Section 194A. Issue 2: Applicability of TDS under Section 194I on rent paid to NOIDA The Revenue contended that the assessee should have deducted TDS on the lease premium paid to NOIDA, considering it as rent under Section 194I. The assessee argued that no rent was credited or paid during the year in question, as the amount was paid in the previous year and shown as opening WIP. The Tribunal found that the payment was made in the previous year towards the purchase of an industrial plot and stamp duty, which cannot be considered rent. Since no rent was paid or credited during the year under consideration, Section 194I was not applicable. Therefore, the Tribunal dismissed this ground of the Revenue's appeal. Issue 3: Applicability of TDS on service tax payments under Section 194J The Revenue's ground on the applicability of TDS on service tax payments was addressed by referring to CBDT Circular No. 4/2008 dated 28.04.2008. The Circular clarified that service tax paid by the tenant does not constitute the income of the landlord, and the landlord merely acts as a collecting agency for the government. Based on this Circular, the Tribunal held that there was no obligation on the assessee to deduct TDS on service tax payments under Section 194J. Consequently, this ground of the Revenue's appeal was also dismissed. Conclusion: The Tribunal dismissed both the Revenue's appeal and the assessee's cross-objection. The key findings were that the assessee was not liable to deduct TDS on interest paid to NOIDA under Section 194A, as NOIDA is a corporation established by a State Act. Additionally, TDS under Section 194I was not applicable since no rent was paid or credited during the year in question, and there was no obligation to deduct TDS on service tax payments under Section 194J as per the CBDT Circular.
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