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Case Law Details

Case Name : The ITO (TDS) Vs M/s. Wadhwa & Associates Realtors Pvt. Ltd. (ITAT Mumbai)
Related Assessment Year : 2008- 09
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The entire grievance revolves around the premium paid by the assessee to M/s. MMRDA Ltd. for the leasehold rights acquired by the assessee through the lease deed dt. 22nd November, 2004. It is the say of the Revenue that this lease premium was liable for deduction of tax at source failing which the assessee is to be treated as assessee in default. It is the say of the assessee that such lease premium is in the nature of capital expenditure and therefore there is no question of deduction of tax at source. Further, the said lease premium does not come within the purview of the definition of rent...
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