Commissioner Of Income Tax-Tds v. Bkc Properties Pvt.Ltd

1279-14-itxa-C=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1279 OF 2014 WITH INCOME TAX APPEAL NO. 1467 OF 2014 WITH INCOME TAX APPEAL NO. 1580 OF 2014 Commissioner of Income Tax-(TDS) .. Appellant v/s.

M/s. BKC Properties Pvt. Ltd.

.. Respondent Mr. Vipul Bajpayee for the appellant Ms. Samidha Vedpathak i/b Maneksha & Sethna for the respondent CORAM : M.S. SANKLECHA & A.K. MENON, J.J.

DATED : 9th JANUARY, 2017.

P.C.

1.

These appeals under Section 260A of the Income Tax Act, 1961 arise from the common order dated 24th December, 2013 passed by the Income Tax Appellate Tribunal. The common impugned order relates to Assessment Years 2008-09, 2010-11 and 2011-12. 2.

The issue raised in all the three appeals is with regard to whether the tax has to be deducted at source under Section 194(I) of the Act on lump-some lease premium / one time upfront lease charges paid for acquisition of leasehold rights over property. Uday S. Jagtap

1279-14-itxa-C=.doc 3.

Mr. Bajpayee, learned Counsel appearing for the Appellant Revenue states that in view of Circular No.35 of 2016 dated 30th October, 2016 on the above issue, he has been instructed not to press these appeals.

4.

In the above view, the appeals are not pressed 5.

Therefore, all the these appeals are dismissed as not pressed. No order as to costs. Refund as per Rules.

(A.K. MENON, J.) (M.S. SANKLECHA, J.) Uday S. Jagtap