The Commissioner Of Income Tds-2 v. M/S Indian Film Combines Pvt.Ltd

876-15-ITXA-9=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 876 OF 2015 The Commissioner of Income Tax-TDS-2 Mumbai .. Appellant v/s.

M/s. Indian Film Combines Pvt. Ltd.

.. Respondent Ms. Hardeep Kaur i/b Charanjeet Chanderpal for the appellant CORAM : M.S. SANKLECHA & RIYAZ I. CHAGLA J.J.

DATED : 31st JANUARY, 2018.

P.C.

1.

This appeal filed by the Revenue relates to Assessment Year 2011-12. The issue which arises in this appeal 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.

Ms. Kaur, learned Counsel appearing for the appellant-Revenue states that she has been instructed to withdraw the present appeal in view of the CBDT Circular No.35/2016 dated 13th October, 2016. 3.

In the above view, the appeal is dismissed as withdrawn. Refund as per rules.

(RIYAZ I. CHAGLA, J.) (M.S. SANKLECHA, J.) Uday S. Jagtap