THE SWASTI PRODUCE CO. P LTD,MUMBAI vs. CIT (A) 14, MUMBAI
What did the Tribunal hold?
The Tribunal held that the payment for sub-lease rights was akin to acquiring ownership rights and not rent, thus not covered by Section 194-I. The payment for infrastructure facilities was held to be covered under Section 194-C, and this issue was remanded to the AO for verification.
What were the facts?
The assessee made payments for sub-lease rights of land and for sharing infrastructure facilities. The Assessing Officer (AO) held that these payments were 'rent' and liable for TDS under Section 194-I, deeming the assessee in default for short deduction.
What were the issues?
Whether payments for sub-lease rights and infrastructure facilities are liable for TDS under Section 194-I or other sections, and the consequential interest liability.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Hindustan Coca Cola Beverage Pvt. Ltd. v. CIT576 citing293 ITR 226 · 2007 · SC
- Bennet Coleman & Co. Ltd. v. V.P. Damle, Third ITO22 citing120 Taxmann 584 · 1986 · HC
Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
Before: SHRI C.N. PRASAD & SHRI RAMIT KOCHAR
आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. आयकर आयु�त(अपील) / The CIT(A)- concerned, Mumbai 4. आयकर आयु�त / CIT- Concerned, Mumbai �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, मुंबई / DR, ITAT, Mumbai “E” Bench 5. 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy//
More judgments on Section 194-I
- Chandra Mani Tripathi Vijay Pratap Singh… vs Income Tax Officer 4(1) Lko New, LucknowITA 512/LKW/2026[2013-14]Status: Disposed25 Sept 2026AY 2013-14
- Skytech Construction Private Limited, New… vs Income Tax Officer, New DelhiITA 3179/DEL/2026[2014-15]Status: Disposed9 Sept 2026AY 2014-15
- Anita Grover, Delhi vs Income Tax Officer, DelhiITA 4305/DEL/2026[2019-20]Status: Disposed31 Aug 2026AY 2019-20
- Smash Factor Sports Private Limited, Mumbai vs Assistant Commissioner of Income Tax…ITSSA 427/MUM/2026[2020-21]Status: Disposed18 Aug 2026AY 2020-21
- Smash Factor Sports Private Limited, Mumbai vs Assistant Commissioner of Income Tax…ITSSA 426/MUM/2026[2019-20]Status: Disposed18 Aug 2026AY 2019-20
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