M/s. Jaypee Infratech Ltd., Noida V. DCIT (TDS), Noida

ITA 3843/DEL/2015

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0415 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: misc
• Appeal Filed On: 11-06-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST IMPUGNED DATED PASSED
• Section: 201(1)

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 3843/DEL/2015 ASSTT. YEAR: 2011-12 O R D E R PER AMIT SHUKLA, J.M. THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST IMPUGNED ORDER DATED 31.3.2015 PASSED BY LD. CIT(APPEALS) 1, NOIDA IN RELATION TO THE ORDER PASSED U/S 201(1)/201(1A). 2. AT THE OUTSET LD. COUNSEL SUBMITTED THAT THIS ISSUE HAS BEEN DECIDED AGAINST THE ASSESSEE BY THE TRIBUNAL IN ASSESSEES OWN CASE VIDE ORDER DATED 31.8.2017 PASSED IN ITA NO. 3844 AND 3845 OF 2015. HOWEVER THE TRIBUNAL HAS DIRECTED THE AO TO GIVE ASSESSEE AN JAYPEE INFRATECH LTD. SECTOR 128 NOIDA PAN AABCJ9042R VS. D CIT (TDS) AAYAKAR BHAWAN, A-2D, SECTOR 24 NOIDA (APPELLANT) (RESPONDENT ) ASSESSEE BY: SHRI ASHWANI KUMAR GARG, AD VOCATE DEPARTMENT BY : SHRI SRIDHAR DORA, SR. DR DATE OF HEARING 27/11 /201 8 DATE OF PRONOUNCEMENT 27 /11 /2018 2 OPPORTUNITY IN TERMS OF PROVISO TO SECTION 201(1) TO SHOW THAT IF THE RECIPIENT OF THE INCOME HAS FILED THEIR RETURN OF INCOME DISCLOSING THE LEASE RENT AND PAID THE TAX PAYABLE BY THEM, THEN NO DISALLOWANCE SHOULD BE MADE. 3. LD. DR TOO ADMITTED THAT THE ISSUE INVOLVED ARE COVERED AGAINST THE ASSESSEE. 4. AFTER CONSIDERING THE AFORESAID SUBMISSION, WE FIND THAT THE SIMILAR MATTER WAS INVOLVED IN THE ASSTT. YEAR 2011-12 AND 2013-14. THIS TRIBUNAL AFTER DETAILED DISCUSSION HAS HELD THAT ASSESSEE WAS REQUIRED TO DEDUCT TAX U/S 194 I ON THE RENT PAID AND ALSO ON THE INTEREST PAID, TDS WAS REQUIRED TO BE DEDUCTED U/S 194A. THE TRIBUNAL HAS DIRECTED THE AO AFTER OBSERVING AND HOLDING AS UNDER:- NOW WE COME TO THE APPEAL OF THE ASSESSEE FOR ASSESSMENT YEAR 2012-13 AND 2013-14. IN BOTH THESE APPEALS THE ASSESSEE HAS CHALLENGED SHORT DEDUCTION OF TAX ON RENT PAYMENT OF RS. 44067/- AND RS. 43948/- RESPECTIVELY U/S 194 (1) OF THE ACT. THESE PAYMENTS ARE PERTAINING TO LEASE RENT PAID TO YAMUNA DEVELOPMENT AUTHORITY. THE ISSUE IS SQUARELY COVERED IN FAVOUR OF THE REVENUE BY THE DECISION OF HONBLE DELHI HIGH COURT AS DISCUSSED IN GROUND NO. 1 OF THE APPEAL OF THE REVENUE IN APPEALS OF THE JAYPEE SPORTS INTERNATIONAL LTD. THEREFORE, AS THE ISSUE IS SQUARELY COVERED IN FAVOUR OF THE REVENUE WE DISMISSED BOTH THESE APPEALS OF THE ASSESSEE. HOWEVER, IT IS MADE AMPLY CLEAR THAT PROVISO TO SECTION 201 OF THE ACT IS BENEFICIAL AND APPLIES RETROSPECTIVELY AS HELD BY THE HONBLE DELHI HIGH COURT WE DIRECT THE ASSESSING OFFICER TO GRANT THE BENEFIT OF THE SAME IF ASSESSEE PROVIDES REQUISITE DETAILS. 3 5. THUS, FOLLOWING THE EARLIER YEAR PRECEDENT, WE DECIDE ACCORDINGLY AND DIRECT THE AO TO COMPLY WITH THE PROVISO TO SECTION 201(1). ACCORDINGLY, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH NOVEMBER, 2018. SD/- SD/- (L.P. SAHU) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 27 /11/2018 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI