27 ITO vs. Nathani Parekh Constructions Pvt.
ITA Nos. 4088 and 4087/Mum/2023 and 4101 and 4100/Mum/2023
A.Ys.: 2013–14 & 2016–17
Date of Order: 21st May, 2024
Sections: 194I, 201
Payment made by assessee to tenants of a co-operative housing society towards alternate accommodation charges / hardship allowance / rent are not liable for deduction of tax at source under section 194I.
FACTS
The assessee, a real estate developer, engaged in the business of development and construction, entered into a redevelopment agreement with M/s Dalal Estate Co-operative Housing Society Ltd. In the course of survey conducted under section 133A(2A) of the Act, it was found that the assessee has debited amounts under the head “Alternate Accommodation / Rent” in each of the four years und