Itxa/180/2015 Of The Commissioner Of Income Tax Tds v. M/S Shree Sawan Builders And Developers Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 180 OF 2015WITH INCOME TAX APPEAL NO. 285 OF 2015 The Commissioner of Income Tax, TDSMumbai .. Appellant v/s. M/s. Shree Sawan Builders & DevelopersPvt. Ltd. .. Respondent Mr. Suresh Kumar for the appellant None for the respondent CORAM : M.S. SANKLECHA & A.K. MENON, J.J. DATED : 29[th] NOVEMBER, 2016. P.C. 1.These appeals by the Revenue challenge the common impugned order dated 12[th] June, 2014 passed by the Income Tax Appellate Tribunal relating to Assessment Years 2010-11 and 2011-12. 2.The issue arising in both the appeals is with regard to the applicability of the TDS provisions under Section 194-I of the Act in respect of the payment made of premium for acquisition of long term lease. 3.Mr. Suresh Kumar, learned Counsel appearing for the Revenue states that in view of the CBDT Circular No.35 of 2016 dated 13[th ]October, 2016, he has been instructed to withdraw both the appeals. 4.In the above view, both the appeals are dismissed as withdrawn. Refund of Court fees as per Rules. (A.K. MENON, J.) (M.S. SANKLECHA, J.)