Tax case law related to commission treated as rent
This query is : Resolved
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.
26 June 2014
dont bother...it will be treated as rent only for TDS deduction...
26 June 2014
it is correct it is rent .
04 July 2014
yes it is treated as rent in this case.
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