SMAAASH LEISURE LIMITED,MUMBAI vs. ACIT, CIRCLE-76(1), NEW DELHI
What did the Tribunal hold?
The Tribunal, following a previous decision in a similar case, held that common area maintenance charges paid directly to service providers do not form part of actual rent. Therefore, Section 194I is not applicable, and the assessee was correct in deducting TDS under Section 194C.
What were the facts?
The assessee paid common area maintenance charges directly to a service provider. The revenue authorities held that this payment attracted TDS under Section 194I of the Income Tax Act, treating the assessee as being in default for not deducting TDS under that section.
What were the issues?
Whether common area maintenance charges paid directly to a service provider are subject to TDS under Section 194I as rent, or if Section 194C is applicable.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: G: NEW DELHI
Before: SHRI CHANDRA MOHAN GARG & DR.B.R.R. KUMAR
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: G: NEW DELHI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND DR.B.R.R. KUMAR, ACCOUNTANT MEMBER Assessment Year: 2012-13 Smaaash Leisure Limited, The ACIT Circle 76(1), Laxmi Nagar 2nd Floor,Trade View Building, Gate 110092 No. 4, Pandurang Budhkar Marg, Oasis vs. Complex, Kamala Mills, Lower Parel, Mumbai 400013 PAN AAECP 6342 B (Appellant) (Respondent) For Assessee : None Revenue For : Shri Ravi Kant Choudhary, Sr.DR Date of Hearing : 26.06.2023 Date of Pronouncement : 30.06.2023 ORDER PER CHANDRA MOHAN GARG, J.M.
More judgments on Section 194I
- Jayamma, Shivamogga vs Income Tax Officer Ward 1, ShivamoggaITA 1268/BANG/2026[2017-18]Status: Disposed29 Sept 2026AY 2017-18
- Jayamma, Shivamogga vs Income Tax Officer Ward 1, ShivamoggaITA 1267/BANG/2026[2017-18]Status: Disposed29 Sept 2026AY 2017-18
- S H Donut Empire India Private Limited… vs Addl/JCIT (A), PanajiITA 2306/MUM/2026[2013-14]Status: Disposed23 Sept 2026AY 2013-14
- Income Tax Officer- 15(1)(1), Mumbai vs Glentrans Shipping & Logistics (I) Private…ITA 9299/MUM/2025[2013-14]Status: Disposed21 Sept 2026AY 2013-14
- Mani Square Limited, Kolkata vs Additional CIT, Range 2 (TDS), KolkataITA 1719/KOL/2026[2010-2011]Status: Disposed11 Sept 2026AY 2010-2011
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