ACIT (TDS) -2(1), MUMBAI vs. OMKAR REALTORS AND DEVELOPERS PVT. LTD., MUMBAI
In the result, appeals filed by the revenue are dismissed and the Cross
ITA 6814/MUM/2018[2010-11]Status: DisposedITAT Mumbai20 Apr 2020AY 2010-11
Bench: Shri Rajesh Kumar (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2010-2011 The Asst. Commissioner Of Income Omkar Realtors & Developers Tax (Tds) – 2(1), Pvt. Ltd., Room No. 615, 6Th Floor, Omkar House, Off Eastern Smt. K.G. Mittal Ayurvedic Hospital Vs. Express Highway, Bldg., Charni Road (W), Opp. Sion Chunabhatti Signal, Mumbai - 400002 Sion, Mumbai - 400022 Pan: Aaaco7919F (Appellant) (Respondent) Co No. 237/Mum/2019 (Arising Out Of Ita No. 6814/Mum/2018) Assessment Year: 2010-2011 Omkar Realtors & Developers Pvt. The Asst. Commissioner Of Ltd., Income Tax (Tds) – 2(1), Omkar House, Off Eastern Express 6Th Floor, Smt. K.G. Mittal Highway, Vs. Ayurvedic Hospital Bldg., Charni Opp. Sion Chunabhatti Signal, Sion Road (West), East, Mumbai - 400022 Mumbai - 400002 Pan: Aaaco7919F (Appellant) (Respondent) Assessment Year: 2011-2012 The Asst. Commissioner Of Income Omkar Realtors & Developers Tax (Tds) – 2(1), Pvt. Ltd., Room No. 615, 6Th Floor, Omkar House, Off Eastern Smt. K.G. Mittal Ayurvedic Hospital Vs. Express Highway, Bldg., Charni Road (W), Opp. Sion Chunabhatti Signal, Mumbai - 400002 Sion, Mumbai - 400022 Pan: Aaaco7919F (Appellant) (Respondent)
Section 133ASection 194HSection 201
house property.
That being the case, the payment made by the assessee also being in the nature of compensation for alternative accommodation cannot be treated as rent. Moreover, such compensation is not using land and building but it may also be a fact that persons to whom such payments have been made may not be incurring any expenditure on account