Agent not liable for tax on income earned on behalf of principal but only for charges received for his service

Assessee is an agent of Government of Maharashtra and also considering the fact that Hon’ble High Court granted stay to the assessee for the recovery of the demand when the appeal was pending before ld CIT(A), we hold that the assessee has a prima facie case for grant of stay for recovery of the dues pending disposal of appeal before the Tribunal. Hence, we grant stay for recovery of the demand for A.Y. 2006-07 for a period of 6 months or till disposal of the appeal whichever is earlier.

At the time of hearing, it was agreed by both parties that the appeal be taken for early hearing on 11.6.2012 and, accordingly, we direct the Registry to fix the appeal before ‘C’ Bench for hearing on 11.6.2012. Since the above date was announced in the presence of both the parties, it was made clear that no separate notice of hearing will be issued fixing the date of hearing on 11.6.2012. It is also made clear that if any of the party or representative of any party is not present on the date fixed for hearing or such other dates, as may be fixed, the appeal will be decided exparte.

INCOME TAX APPELLATE TRIBUNAL,  MUMBAI 

S.A.No.183/M/2012  (Arising out of ITA No.2985/Mum/2012) – Assessment Year: 2006-07

City & Industrial Development  Corporation of Maharashtra Ltd. Vs. ACIT

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