Notice under Section 201/201 A of the Income Tax Act, 1961 was issued by the Income Tax department inquiring regarding numberdeduction of tax at source under Section 194I of the Income Tax Act from the annual lease rent paid to Greater Noida.
The revenue refuted the companytention of Greater Noida and Noida companytending that w.e.f.
The Assessing Officer passed the order dated 31.03.2014 for the Financial Year 20102011 and 20112012, the respondent was held as assesseeindefault for numberdeduction numberdeposit of TDS on account of payment of lease rent and interest made to Greater Noida.
Different other entities also filed the writ petitions in the Delhi High Court praying for more or less the same reliefs relating to lease rent payment and for payment of interest to Greater Noida.
Consequent demand was raised against the respondents.
GH07A for development and marketing of Group Flats.
01.04.2003.
These appeals have been filed against the companymon judgment of Delhi High Court dated 16.02.2017 by which the Delhi High Court has allowed the writ petitions filed by the private respondents herein.
It was further companytended that with regard to payment of rent to the Noida and Greater Noida, the respondentcompany was liable to deduct the tax on payment of interest, numberincometax was deducted by the respondentcompany while paying rent to Noida and Greater Noida, hence they are assesseeindefault.
The revenue also relied on Division Bench judgment of Allahabad High Court in Writ Petition Tax No.
All the writ petitions involving companymon questions of law and facts were heard together and were allowed by the Delhi High Court by its judgment dated 16.02.2017.
On 03.11.2010, the respondentcompany entered into a longterm lease for 90 years with the Greater Noida Industrial Development Authority for Plot No.
Before the High Court, Greater Noida and the Noida authorities companytended that they are local authorities within the meaning of Section 10 20 of the Income Tax Act, 1961, hence their income is exempt from the Income Tax.
The appeals have been filed by New Okhla Industrial Development Authority, Greater Noida Industrial Development Authority, Commissioner of Income Tax as well as Income Tax Officer and others.
8085 of 2014 praying for various reliefs including the relief that respondentcompany be number treated as assesseeindefault under the Income Tax Act for numberdeduction depositing the tax at source in respect of payment of rent on lease land and in respect of other charges paid to Greater Noida.
Aggrieved by assessment and recovery proceedings emanating therefrom, the respondentcompany filed a Writ Petition No.
1338 of 2005 decided on 28.02.2011 where the Allahabad High Court has held that Noida is number a local authority within the meaning of Section 10 20 as amended by Finance Act, 2002.
Respondents prayed to stay the demand which was refused and recovery proceedings were initiated.
01.04.2003, the Greater Noida and Noida is number a local authority within the meaning of Section 10 20 and further they are also number entitled for the benefit of numberification issued under Section 194A 3 iii f .
15130 of 2017 Commissioner of Income Tax TDS II Ors.
Aggrieved by assessment order, the respondentcompany filed an appeal before the Commissioner of Income TaxAppeals.
Rajesh Projects India Pvt.
The facts and issues in all the appeals being companymon, it shall be sufficient to refer the facts and pleadings in Civil Appeal No.
As per terms of the lease deed, the companypany partially paid the companysideration amount for the acquisition of the plot to Greater Noida at the time of execution of the lease deed and is also paying the balance lease premium annually as per the terms and companyditions of the lease deed.
Ltd. Anr.
for deciding this batch of appeals.
The respondent Rajesh Projects India is a private limited companypany engaged in the business of real estate activities of companystructing, selling residential units etc.
