Helo Friends,
Hope u all f9.
Here I have a querry regarding a case law of income tax on tds refund on commission and brokerage.
I am handling a case of income tax where the client is providing a service of "faciliting business of real estate". He used to earn commission on booking flats and tds on same is deducted while he received payment under section 194H and same is reflected in 26AS. Refund on his account is heavy so his case picked up U/s 143(3) for scrutiny.
I just gave the reasons to ACIT that tds was deducted on turnover but tax has to be paid on net profit figure hence refund arises. But he does not satisfied with this reasoning.
Can any one help me out how I just convience him with perfect logical reasoing in order to take my refund back from department. Can I gave reasons with some case laws or if yes, then from where I will get these case laws.
Plz do help!!!!!!!!!!!!!
CAclubindia
