The Commissioner Of Income Tax Tds v. M/S Shree Sawan Builders And Developers Pvt. Ltd.

180-15-itxa-C=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 180 OF 2015 WITH INCOME TAX APPEAL NO. 285 OF 2015 The Commissioner of Income Tax, TDS Mumbai .. Appellant v/s.

M/s. Shree Sawan Builders & Developers Pvt. Ltd.

.. Respondent Mr. Suresh Kumar for the appellant None for the respondent CORAM : M.S. SANKLECHA & A.K. MENON, J.J.

DATED : 29th NOVEMBER, 2016.

P.C.

1.

These appeals by the Revenue challenge the common impugned order dated 12th June, 2014 passed by the Income Tax Appellate Tribunal relating to Assessment Years 2010-11 and 2011-12. 2.

The issue arising in both the appeals is with regard to the applicability of the TDS provisions under Section 194-I of the Act in respect of the payment made of premium for acquisition of long term lease.

Uday S. Jagtap

180-15-itxa-C=.doc 3.

Mr. Suresh Kumar, learned Counsel appearing for the Revenue states that in view of the CBDT Circular No.35 of 2016 dated 13th October, 2016, he has been instructed to withdraw both the appeals. 4.

In the above view, both the appeals are dismissed as withdrawn. Refund of Court fees as per Rules.

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