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Advocate receiving compensation on behalf of clients

Tax queries 839 views 6 replies

Hi All

My client is a practising advocate in land compensation cases. The practice followed is he is receiving land compensation of illetrate clients in his bank account which is reflected in his receipts and payments. The compensation amount received is around 1.5 crores for F.Y 2005-2006. My clients pays the amount to the client through cash and bearer cheques to all clients. He gets his fees only after the payment(Around Rs.450000 Gross.

Now his assessing officer has sent a notice that why a audit was not conducted u/s 44AB. Treating the receipts of compensation of land compensation cases as his individual receipt, he is attracting penalty U/s 271B. I appeared and argued that the receipts are not his receipts and the mere reflection in receipts and payments doesnt mean that they are his receipts. Now the assessing officer requires me any case laws to prove my point. Please clarify and give ur valuable views and if possible case laws to prove my point. Thanks

 

Replies (6)

pls refer CBDT's circular No. 452 dated 17th March, 1986...........

in it, the board has clarified about the kaccha and pucca arahtia...............

Alternatively, V.K. Singhania's Direct taxes (para 159.4 on page 390) also gives clarity in the meaning in relation to above............kindly hve a perusal........

Pls refer CBDT's circular no.452 dated 1986..........it contains clarification on similar points as above..............

alternatively, u may refer V.K. Singhania's Direct Taxes law and practice (para 159.4 page 390) where similar facts are discussed........kindly hve a perusal.......................

Pls refer CBDT's circular no.452 dated 1986..........it contains clarification on similar points as above..............

alternatively, u may refer V.K. Singhania's Direct Taxes law and practice (para 159.4 page 390) where similar facts are discussed........kindly hve a perusal.......................

Pls refer CBDT's circular no.452 dated 1986..........it contains clarification on similar points as above..............

alternatively, u may refer V.K. Singhania's Direct Taxes law and practice (para 159.4 page 390) where similar facts are discussed........kindly hve a perusal.......................

Thanks for your reply Ashish. Is this about Kacha and commission agents?????

YES.,,...................


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