Case Law Details
M/s. Angre Port (P) Ltd. Vs ITO (ITAT Pune)
Wharfage charges are charged from the assessee and in such case, we hold that there is no use of land but even if it was held that there is any use of land, then the same was incidental but such payments could not be treated as ‘rent’ and the assessee be liable to deduct tax at source under section 194-I of the Income Act. The Wharfage charges paid by the assessee are to be allowed as a deduction under section 37(1) of the Act.
FULL TEXT OF THE ITAT JUDGEMENT
Both the appeals filed by assessee are against respective orders of CIT(A), Kolhapur, dated 06.09.2013 and 25.02.2014 relating to assessment years 2009-10 and 2010-11 against respective orders passed under section 143(3) of the Income-tax Act, 1961(in short ‘the Act’).
2. Both the appeals relating to same assessee were heard together and are being disposed of by this consolidated order for the sake of convenience.
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