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Income Tax

Receipts as per maintenance agreement not in nature of rental income, assessable as income from other sources

Case Law Details

Case Name
Abhishek Govil & Somya Salwan Vs CIT (Delhi High Court)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2009-10
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Brief of the Case Delhi High Court held In the case of Abhishek Govil & Somya Salwan vs. CIT that the maintenance agreements expressly referred to the payments in question as “Maintenance and service charges”. A plain reading of the agreements also indicates that the said charges were payable as consideration for providing services mentioned therein. Further, TDS was also deducted treating the said charges as payments to a contractor. The Assessees who are signatories to the said agreements cannot be permitted to claim the said agreements to be sham devices and contend that the substan...
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