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Pigmy commission treatment as salary vis-à-vis TDS u/s 192 needs re-verification
Case Law Details
- Case Name
- Shri Basaveswar Credit Co-op Society Ltd Vs ITO (ITAT Bangalore)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2013-14
- Courts
- All ITAT, ITAT Bangalore
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Shri Basaveswar Credit Co-op Society Ltd Vs ITO (ITAT Bangalore)
ITAT Bangalore held that the pigmy commission will be treated as a salary and subject to the TDS under section 192 of the Act. Accordingly, matter remanded for verification.
Facts- AO observed that the assessee has debited Rs. 1.00/- lakh towards audit fee and pigmy commission of Rs.5,68,149/- to pigmy agents paid during the year and no tax had been deduction at source as per Chapter XVII – B. Accordingly, he disallowed as per the provisions of section 40(a)(ia) of the Act and added back to the total income of the assessee.
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