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No TDS deductible on Tips received by Hotel Staff
Case Law Details
- Case Name
- EIH Ltd., Vs ITO (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2004-05 to 2007-08
- Courts
- All ITAT, ITAT Delhi
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Since TIPS were received from the customers and not from the employer these would be chargeable in the hands of the employee as income from other sources and section 192 would not get attracted on the facts of the case.
On analysis of section 15 that it would be evident that for the said section to apply there should be a vested right in an employee to claim any salary from an employer or former employer whether due or not if paid; or paid or allowed, though not due.
Relevant Extract of the Judgment
All these appeals have been filed by the assessee assailing the correctness of...





