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2013 (12) TMI 944 - AT - Income TaxRetainership fess - Income from salary or income from profession - Held that:- Following CIT Vs. Apollo Hospital International Ltd [2012 (8) TMI 459 - GUJARAT HIGH COURT] - In a situation when the terms of the employment/contract are such that no relationship of an employer & employee could be established then it is not justifiable on the part of the Revenue to treat an assessee as an employee of the said Institute - The fees received by assessee did not fall under the category of “Salary” but required to be taxed as “Professional Fees” - the AO is directed to examine the nature of expenditure whether incurred to earn the professional service – Decided in favour of the assessee. Disallowance of expenses - Held that:- In above ground it is held that the income is professional fee - This issue is remitted for fresh adjudication to decide whether the expenses are allowable u/s 37 or not.
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