Dy. Commissioner of Income Tax, Circle-77(1) Vs M/s Sikka Infrastructure Pvt. Ltd.
Case No: ITA No.2495/Del/2022
Court: Income Tax Appellate Tribunal, Delhi Bench, ‘G’: New Delhi
Date: 3/28/2025
Parties Involved
RevenueDy. Commissioner of Income Tax, Circle-77(1)
AssesseeM/s Sikka Infrastructure Pvt. Ltd.
Facts Summary
The assessee, M/s Sikka Infrastructure Pvt. Ltd., a private limited company, participated in the tender for allotment of Group housing plots of New Okhla Industrial Development Authority (NOIDA). The Assessing Officer initiated proceedings after receiving information that various companies were not deducting tax on lease rent paid to NOIDA. The Assessing Officer held that the definition of rent under section 194I of the Income Tax Act, 1961, is wide enough to cover lease rent payments to NOIDA a…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the CIT(A) was justified in not appreciating that the definition of rent under section 194I is wide enough to cover lease rent payments.
- 2. Whether the CIT(A) was justified in not appreciating that the cost of land paid to NOIDA, which transfers and gives possession of land to private builders, ought to be subject to TDS under section 194I.
2 more legal issues analysed in this judgement.
Precedents Relied Upon
4 precedents cited in this judgement.