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2021 (9) TMI 360 - AT - Income TaxCredit of TDS - payments were received as an agent of the Government of Maharashtra - Assessee a wholly owned company of Government of Maharashtra and it is acting as an agent of the Government for carrying out all activities and statutory duties for the development of new town and the taxes were deducted on various payment made to the assessee - whether said amount is not included in the total income of the assessee? - HELD THAT:- The assessee had received the payments as an agent for representing as Development Authority or Special Planning Authority on behalf of the Government of Maharashtra. Therefore, the payments received by the assessee is not belongs to the assessee. Therefore, the TDS deducted on amount which is not the income of the assessee then whatever tax deducted as to be refunded to the assessee and which is belongs to the Government of Maharashtra. DR raised the issue that this refund will be income of the assessee or how this amount will be handled by the assessee is not known. This apprehension may not be proper as the assessee received only commission income as their service charges and all other income or money belong to the Government of Maharashtra and the payments never intended for the assessee - Decided against revenue.
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