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INCOME TAX

This query is : Resolved 
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(Querist)
19 December 2010
MR. MY ONE OF FRIEND IS RECEIVED COMMISSION OR BROKAGE WORTH RS 12 LAC. DURING THE A/Y 2009-10. AND HE IS FILED HIS I.T. RETURN U/S 44AF BY DECLARING 20% INCOME.

MY QUERRY IS WHETHER HE IS ELIGIBLE TO FILE RETURN U/S SECTION 44AF.

HE IS NOT PAID ANY SERVICE TAX

HIS CASE IS IN SECURITINY WHAT IS THE BEST WHY TO TACKE THIS CASE.

THANKS IN ADVANCE
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CA Shailesh Kumar Bhagat

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CA Shailesh Kumar Bhagat (Expert)
19 December 2010 Sec 44AF is applicable in case of aseessee engaged in retial trade. You have not mentioned the details of Commission. I think Sec 44AF will not apply in this case.

Service tax applies on service provider. you are service reciver , hence it will not apply.
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CA. R. B. SAH

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CA. R. B. SAH (Expert)
19 December 2010 your friend is liable to service tax because comission or brokerage is received by your friend for services provided by your friend.
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