Welgrow Hotels Concepts (P.) Ltd. v. ITO (2023) 203 ITD 595 (Delhi) (Trib.)

S. 194I : Deduction at source-Rent-Common area maintenance (CAM) charges-Provision of section 194C is applicable and not provision of section 194I. [S.194C , 201(1)]

Assessing Officer held that payment made by assessee in nature of Common Area Maintenance (CAM) essentially was a part of rental activities and was covered under section 194-I and treated assessee as ‘assessee in default’ within meaning of section 201(1) for failure to appropriately deduct tax at source. On appeal the Tribunal held that  in case of Yum Restaurants India (P.) Ltd. v. ACIT (2023) 147 taxmann.com 257 (Delhi) (Trib) decided similar issue in favour of assessee and held that provisions for rent are governed by section 194-I and CAM charges by section 194C.  The Assessing Officer is  directed to recompute CAM charges taking into consideration said two sections.  (AY. 2013-14 , 2014-15)