Disallowance of expenses from Fees for Professional Services

Tax queries 1078 views 5 replies

My query is about  disallowance of expenses from Fees from Professional Service.

An assessee is in 'specified profession' (doctor, artist, etc)  He has been contracted for 3 years for his professional service,   this professional service has to be provided regularly (i mean everyday except holiday). He is providing his professional service to other also on very short basis (for just few days of a year, almost one day to one client, providing service to such four to five clients a year). He is getting fees for his professional service for his 3 year contract, after tax deducted u/s. 194J. So this assessee is getting all of his income from Fees for professional services. He is claiming some expenses from fees he is getting for his 3 year contract.  Now my questionan is, can ITO disallow this expenses by assuming that, there is employee-employer relationship between them, as the service has been provided on regular basis, at premises of contractee (to whom service has been provided), by using all the equipments of contractee. Can ITO call this salary from contractee instead of Fees for professional services ? 

Replies (5)

If TDS Deducted u/s 194J then ITO Cann't be disallow such deduction of Expenses....

Assesse of such income should be taxed under the head of "Income from Business and profession"

 

Reason :- ITO presumed that such person having income form Business or from such Profession

Ketan R. Mistry ito cannot disallow... its d contract between assesee and clint that matters and not anythng else...

it will b treated as pgbp only....no matter wht time the assessee spends in the premises of client....

TDS being deducted u/s 194J, It cannot be in any case said as an employer employee relationship.

All expenses will be allowed by the ITO.

It would be classified as professional fees.

Thanks for the clarification to all.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register