Whether it covers under tax audit or not

Tax queries 883 views 7 replies

Hello sir,

i have a doubt regarding my case, whether it covers under tax audit or not?

Actually my client is doing the business as agent, but there is no agreement. He is supplying seeds to farmers for growing crop. These seeds are actually supplied to him by a seed company. Afterwords he again purchasing that crop (seeds which are grown by farmers) and suppling to the same seed company. The amount what is involved (i.e. amount payable to farmers for growing crop) is entirely through his personal account. This comes to a total is above 60 lacs. my client what is getting is only commission in between.

Now my question is whether i need to consider total turnover (being amount transfered through his personal account) for tax audit or only commission ( actual income).

Replies (7)

If you prove that he is a commission agent then only commission income will be taken. That is if the co issues form 16 A for commission then you may argue that he is an agent

I agree with sir.................. As the income of your client is only the commission from those transactions, only that amount  is considered as 'Gross receipts' as per section 44AB of Income Tax Act and the remaining is reimbursment of expenses,

If that commission income exceeds Rs. 15 Lakhs per annum, he has to get his books of Accounts audited by a Chartered Accountant.     

but the company is not deducting TDS and not issuing form 16A

In that case get a letter with restrospectic date stating that he is a commission agent

In my understanding, the correct question is whether your client is acting as an 'Agent for the Seed Co' or 'Principal with the Seed Co'. All this will be based on the facts (or say the agreement/ understanding between the Seed Co and your client. Also, the 'Risk - Reward' aspect should be considered ie if there is a default between the farmers and/ or the Seed Co, what legal position does your client take ie does he get covered for the risk or suffers the loss. Answer to all these questions will help you determine the tax position.

 

Another aspect is also that since the Seed Co does not deduct TDS (and assuming that it is liable to do so), it is considering your client as a 'Principal' (though this does not necessitate that you accept that position).

 

Further, all other payment to the farmer are from your client account. Therefore, it may further complicate the tax position as an 'Agent'.

 

Cheers

 

In my opinion it is agriculture income exempt from tax plz read the definition of agriculture:

  6“agricultural income”7 means8

  9[(a)  any rent10 or revenue10 derived10 from land10 which is situated in India and is used for agricultural purposes;]

    (b)  any income derived from such land10 by—

     (i)  agriculture10; or

    (ii)  the performance by a cultivator or receiver of rent-in-kind of any process ordinarily employed by a cultivator or receiver of rent-in-kind to render the produce raised or received by him fit to be taken to market10; or

   (iii)  the sale by a cultivator or receiver of rent-in-kind of the produce raised or received by him, in respect of which no process has been performed other than a process of the nature described in paragraph (ii) of this sub-clause ;

 Company is not deducting tax so I suppose same view is taken by the company also.

 

Hello.....

 

I think the Yuvak is completely correct because

1) There is no contract between you and the Company.

2) The company is not deductind TDS.

3) All the transaction are routed form the client account.(It measn all purcase bill of seed is made in the name of client and same goes with sale)

This all shows that the client is not acting as commission agent. He is engaged in business. And he is required to get his account audited.

 


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