The Commissioner Of Income-Tds v. M/S. Naman Bkc Chs Ltd.

(23) ITXA 1223-14 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1223 OF 2014 WITH INCOME TAX APPEAL NO. 1224 OF 2014 The Commissioner of Income - TDS .. Appellant Vs.

M/s. Naman BKC CHS Ltd.

.. Respondent.

Mr. Charanjeet Chanderpal a/w Ms. G. Roja Romi for the Appellant. CORAM : M. S. SANKLECHA AND A. K. MENON, JJ.

DATE : 19 th DECEMBER, 2016.

P. C. :

1.

These appeals filed by the Revenue relates to Assessment Year 2009-10 and 2011-12. In both these appeals, the issue which arises for consideration is whether the lumpsum premium paid to MMRDA for lease of land is in the nature of rent as defined in Section 194-I of the Income Tax Act, 1961 and subject to tax deduction at source. 2.

Mr. Chanderpal, learned counsel appearing for the appellantRevenue states that he has been instructed to withdraw the present appeals in view of the CBDT Circular No.35/2016 dated 13th October, 2016.

3.

In the above, both the appeals are dismissed as withdrawn. Refund as per rules.

[A.K. MENON, J.] [M. S. SANKLECHA, J.] 1/1