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2023 (10) TMI 130 - ITAT MUMBAITDS u/s 194J - Tax on fees for professional and technical services - Assessee by filing its of income u/s 44AD of the Act shown its income @8% on receipts from the business of consultancy qua stamp duty and registration - AO/CPC added the income @50% u/s 44 ADA of the Act, which resulted into making the addition - HELD THAT:- As both the authorities below applied the provisions of section 44ADA of the Act, which in fact deals with persons carrying on legal, medical, engineering or architectural profession or profession of accountancy, technical consultancy or interior decoration or any other profession as is notified by the Board in the official gazette. Admittedly the Assessee is just a 10th/matriculation passed and do not have any qualification to act as a legal, medical, engineering or architectural professional or professional accountancy or technical consultancy of interior decoration or any other profession as is notified by the Board in the official gazette, as prescribed under section 44AA of the Act. As the Assessee’s case does not fall under the provisions of section 44ADA of the Act and therefore the addition sustained by the learned Commissioner to the extent is liable to be deleted. Appeal filed by the Assessee stands allowed.
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