Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

EDC Not Rent, No TDS under Section 194-I: SC

Case Law Details

TaxGuru Citation
2026 taxguru.in 12751
Case Name
JCIT (OSD) Vs DLF Homes Panchkula Pvt. Ltd. (Supreme Court of India)
Date of Judgement/Order
Only available for paid members
Subscribe to download.

Already Upgraded? Log in.

Advertisement

JCIT (OSD) Vs DLF Homes Panchkula Pvt. Ltd. (Supreme Court of India)

Summary: The Supreme Court dismissed the Revenue’s petitions concerning External Development Charges (EDC) paid by real-estate developers to the Haryana Urban Development Authority (HUDA), now Haryana Shahari Vikas Pradhikaran (HSVP).

The Supreme Court condoned the delay and, following its earlier orders in Principal Commissioner of Income Tax (Central III) and Anr. v. BPTP Limited, dated 16.12.2020, and Joint Commissioner of Income Tax v. M/s Experion Developers Pvt. Ltd., dated 12.02.2024, dismissed the petitions.

Read Delhi HC Judgment in this case: Delhi HC Sets Aside TDS Demands on External Development Charges Paid to HUDA

The underlying Delhi High Court judgment had held that EDC could not be characterised as “rent” for the purposes of Section 194-I of the Income-tax Act, 1961. The Court rejected the Revenue’s attempt to sustain the TDS demand by contending that the Assessing Officer had merely referred to an incorrect statutory provision.

Facts of the Case

The petitioners were engaged in the business of real-estate development. They had entered into agreements with the State Government of Haryana, acting through the Director General, Town & Country Planning, for developing an IT Park and a Group Housing Colony.

Paid content

Become a Basic or Premium Member, or log in if you are already a Basic or Premium member.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: Graduate, CA in Job / Business, DD
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 22,592

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.