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If payment is for variety of services & use of land is minor, Payment cannot be treated as rent –SC
Case Law Details
- Case Name
- Japan Airlines Co. Ltd Vs CIT (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 1998-1999
- Courts
- Supreme Court of India
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In deciding whether a payment is for “use of land”, the substance of the transaction has to be seen. If the payment is for a variety of services and the use of land is minor, the payment cannot be treated as “rent” – Section 194-I
Brief Facts of the Case and Question of Law
Brief Facts:
There are two foreign companies involved namely Japan Airlines Company Limited (“JAL”) and Singapore Airlines Limited (“SAL”). The issue involved relates to the deduction of tax at source (“TDS”) in both the cases. TDS is deducted at 2% under section 194C o...
