Itxa/994/2014 Of Commissioner Of Income Tax(Tds) v. Jamnaben Hirachand Ambani Foundation
High Court
13 Dec 2016 In favour of: Assessee
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Itxa/994/2014 Of Commissioner Of Income Tax(Tds) v. Jamnaben Hirachand Ambani Foundation
Date of order
13 Dec 2016
Assessment year(s)
2008-09
Outcome
Dismissed
Case summary
In Itxa/994/2014 Of Commissioner Of Income Tax(Tds) v. Jamnaben Hirachand Ambani Foundation, the High Court (2016) dismissed the appeal. The decision went in favour of the assessee.
Issue: 2.The issue arising in the present appeal is whether the lease premium falls within Section 194I of the Income Tax Act, 1961 as rent, subject to tax deduction at source.
Decision: 3.Accordingly, appeal is dismissed as withdrawn.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.994 OF 2014
Commissioner of Income Tax-(TDS)..AppellantVersusJamnaben Hirachand Ambani Foundation..Respondent
...........
Mr. A. R. Malhotra a/w N. A. Kazi for the Appellant.Mr. Percy Pardiwala, Senior Counsel, a/w P.L. Tripathi i/b. Raj Darak for the Respondent.
...........
CORAM: M. S. SANKLECHA & A. K. MENON, JJ.
P.C.:
DATE : 13[th] DECEMBER, 2016
1.This appeal relates to Assessment Year 2008-09.
2.The issue arising in the present appeal is whether the lease premium falls within Section 194I of the Income Tax Act, 1961 as rent, subject to tax deduction at source. Mr. Malhotra, the learned counsel for the Revenue, on instructions, states that in view of the CBDT Circular no.35 of 2016 dated 13[th] October, 2016 he is instructed to withdraw this
appeal.
3.Accordingly, appeal is dismissed as withdrawn.
4.Refund of Court Fees, as per Rules.
(A. K. MENON, J.)
(M. S. SANKLECHA, J.)
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