Tax case law related to commission treated as rent
This query is : Resolved
manish sharma
(Querist)
25 June 2014
Hello All,
Please mention the relevant case law where commission is treated rent by revenue department.
Actually the case is- mr.A has taken a building on lease from Indian airforce on a condition that he can not sublease the building further, but Mr. A had furnished the building and given it to mr. B on Commission.
Accordingly mr.B fefucted tds on commission, but revenue deptt. treated it rent in place of commission and disallowed exp. proportionately.
please suggest any case law,which will be in favour of mr. B.
Please mention the relevant case law where commission is treated rent by revenue department.
Actually the case is- mr.A has taken a building on lease from Indian airforce on a condition that he can not sublease the building further, but Mr. A had furnished the building and given it to mr. B on Commission.
Accordingly mr.B fefucted tds on commission, but revenue deptt. treated it rent in place of commission and disallowed exp. proportionately.
please suggest any case law,which will be in favour of mr. B.
Nikhil Kaushik
(Expert)
26 June 2014
dont bother...it will be treated as rent only for TDS deduction...
Rupesh Jain
(Expert)
26 June 2014
it is correct it is rent .
04 July 2014
yes it is treated as rent in this case.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Late Filing Fee Waiver for Q1 Form 144 (Earlier 27Q) – Transition to Income-tax Act, 2025
- Employee secondment
- IMS (import of goods) ITC related
- Form 144 TDS Return Validation Error – Mandatory Fields
- GST ITC as per notification 12/2023- central tax
- GSTR9 Annual Return
- Form 144 TDS Return Validation error
- Positive Balance in RCM Liability/ITC Statement – Commercial Rent RCM – Guidance Required
- Applicability of tax on invoice
- Rent agreement of House of deceased person
- Ito add credit side of bank
- Subject: Legal Remedy for Removal of Income Tax Demand for AY 2024–25 – Charitable Trust
- Expert Help Required for TDS Refund 100000 Through TRACES – AY 2022–23
- FAST DS 26 Undisclosed Foreign Asset Disclosure Scheme 2026
- Regime change
- Tally: Imported bank entries do not show up in manual reconciliation
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
