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2010 (5) TMI 638 - ITAT DELHIBusiness income - receipts treated as business income as against the treatment given by the Assessing Officer as salary income - distinction between a servant or an agent - Assessing Officer is trying to treat these contractual receipts as salary only for his endeavour to sit in judgment as to how much expenses the assessee should incur for the receipts in this regard - Held that:- assessee's receipts are contractual business receipts and in disallowing the part of the expenditure incurred to earn the said income by holding that the assessee is in receipt of the salary, the Assessing Officer has only tried to sit in the shoes of the businessman, which is not sustainable. Accordingly, no illegality or infirmity in the order of the learned Commissioner of Income-tax (Appeals), hence, upheld, Revenue's appeal is dismissed.
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