Ajay Enterprises Pvt. Ltd v. Assistant Commissioner Of Income Tax (Tds) And Ors

$~SSSSS-1 IN THE HIGH COURT OF DELHI AT NEW DELHI + C.M. 7791/2017 & 16253/2017 IN W.P.(C) 7682/2015 AJAY ENTERPRISES PVT. LTD. ..... Petitioner Through : Ms. Malini Sud, Advocate. versus ASSISTANT COMMISSIONER OF INCOME TAX (TDS) AND ORS. ..... Respondents Through : Ms. Vibhooti Malhotra, Advocate, for Respondent No.1. Ms. Kailash Golani, Advocate, for Respondent No.2. Ms. Ruhsheet. J. Saluja and Sh. Nitesh Shrivastava, Advocates, for Respondent No.3. Sh. Sunil Gupta, CA, for Respondent No.3. CORAM:HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI O R D E R% 28.04.2017 C.M. APPL.7791/2017 The applicant/assessee seeks clarification as to whether one-time lease rent paid for specific periods in terms of the various lease agreements would be subjected to the Tax Deducted at Source (TDS). Having regard to the findings in the judgment and the summary of conclusions in para 20(1), this Court is of the opinion that the amounts characterized as lease, whether paid periodically, i.e. Page 1 of 2 annually, monthly or quarterly, or paid as one-time lease rent in lump sum, would be tax deductible. The application is disposed of in terms of these clarifications. C.M. APPL.16253/2017 Issue notice. Ms. Malini Sud, Advocate accepts notice on behalf of the petitioner; Ms. Vibhooti Malhotra, Advocate accepts notice on behalf of Respondent No.1 and Ms. Kailash Golani, Advocate accepts notice on behalf of Respondent No.2 and request for short accommodation to obtain instructions. List on 21.07.2017. It is open to the applicant to serve notice of this application to all other petitioners who had approached this Court and are bound by the common judgment. S. RAVINDRA BHAT, J APRIL 28, 2017/ajk NAJMI WAZIRI, J