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What all constitutes "agency business" under Indian tax laws within the context of 44 AD?

Tax queries 2816 views 1 replies

Section 44 AD of the income tax laws on presumptive taxation for business states that agency businesses cannot make use of 44 AD!

 

I want to know what all constitutes agency businesses? I am listing out a few businesses which comes in contact with hospitals

Catering services, Data managemt services (like managing data and for tabulation), Software support services for hospitals (to sort out software issues in hospitals), research wing (statistics and designing a trial maybe done by separate agencies taken on contract by the hospital)...what are they?

What about a portable ultrasound unit ? Suppose i undertake to run a portable ultrasound unit within one hospitals, is it an agency business or is it a business which can claim 44 AD?

I am a doctor....but not a radiologist or a sonographer. If i run a portable ultrasound unit, will there be a confusion as to whether its 44 ADA or 44 AD applicable in m case. Yes i am a doctor. But doing ultrasounds are not part of my profession and i am not qualified to do it. I have to employ other qualified and trained people to do that.

 

What constitutes an "agency business"-is it properly defined by the dept of Income tax? Or atleast are there court orders/judgements that define them?

Replies (1)
These are all so called agencies of different fields and they are engaged for a work which they do independently and bill it .

There is no principal-agent relationship and in that absence no agency income exists.


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