Court held that the definition of rent as contained in the explanation to S.194I is very wide definition . Explanation states that “Rent” means any payment , by whatever name called under the lease , sublease , tenancy or any other agreement for the use of any land . The High Court has read the relevant clause of the lease deed and has rightly come to the conclusion that payment which is to be made as annual rent is rent with in the meaning of S.194I . Accordingly payment of annual lease rent to NOIDA /Greater Noida is liable to deduct tax at source .Court also observed that Circular No 699 dt .30th Jan,1995 ( 2012) 212 ITR 2 (St) cannot be relied by NOIDA /Greater Noida to contend that there is no requirement of deduction at source under S.194I. ( CA Nos 9199/12750/ 15613/ 15615/ 2017 dt. 2-07-2018) ( AY. 2010-11, 2011-12)
New Okhla Industrial Development Authority (NOIDA) (No.2) v. CCIT ( 2018) 406 ITR 209/ 168 DTR 145/ 257 Taxman 3 / 303 CTR 553 (SC) CIT v. HDFC Ltd ( 2018) 406 ITR 209/168 DTR 145/ 303 CTR 553 ( SC) CIT v. Rajesh Projects ( India ) (P) Ltd ( 2018) 406 ITR 209/ 168 DTR 145 / 257 Taxman 3/ 303 CTR 553 ( SC) Greater Noida Industrial Development Authority v. ACIT ( 2018)406 ITR 209/ 168 DTR 145 / 303 CTR 553 ( SC) ITO v. United Bank of India ( 2018) 406 ITR 209/ 168 DTR 145 / 303 CTR 553 ( SC) Editorial: Affirmed Rajesh Projects ( India) (P) Ltd v. CIT ( 2017)392 ITR 483/ 148 DTR 33/ 293 CTR 121 ( Delhi ) (HC)
S. 194I : Deduction at source – Rent -Annual rent paid under lease deed is rent – liable to deduct tax at source on the payment of lease rent to NOIDA /Greater NOIDA .[ S.10(20), (10(20A)]