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2016 (7) TMI 266 - ITAT JAIPURSalary receipt OR professional receipt - Held that:- We have gone through the terms and conditions of the agreement, which has been reproduced in the preceding paras of this order. The assessee is a B.Tech from IIT, Guwahati, who has expertise in math and as per agreement, he had provided professional service for the student of Resonance Institute, who provides coaching for preparation of IIT entrance test. The assessee is provided lump sum receipts on the basis of contract for providing the services to the institution. The TDS deducted by the Resonance by treating these payments as professional and given TDS certificate in form No. 16A. The assessee is free to do work with other institutions also. He had employed various staffs for preparing the material for the students on computer and also had staff for other purposes and incurred expenditure on them. No PF, ESI and also no leave encashment during the year under consideration was deducted. The assessee’s receipts are professional and expenses claimed by the assessee are to be considered by the Assessing Officer. Therefore, for the limited purpose, we set aside this issue to the Assessing Officer to verify the expenses and take decision as per law.
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