Commission agent of transport business

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Tax (Querist)
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22 February 2017 Dear Experts,

Please guide me regarding the taxability of the following -

A) Mr. X is a commission agent who books lorries on behalf of other transporters, issues his invoice and receives the
payment.

TDS is deducted on payments received and reflected in his FORM 26 AS

He makes payment from his account to the other party and keeps only the commission for the service rendered.

How will he be treated? Whether as Transporter or Commission Agent?

Also, can he file ITR 4s?

B) Mr. Y is a commission agent who books lorries on behalf of other transporters.

He does not issue any invoice and he DOES NOT receive any payment for goods.

The two parties directly make payment to each other.

He only acts as a mediator between two parties and receives the commission.

How will he be treated? Whether as Transporter or Commission Agent?

Also, can he file ITR 4s?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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22 February 2017 A) He will be treated as transporter and he can file ITR 4S.
B) He will be treated as commission agent, he can't file ITR 4S.

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