Allowing the petition the Court held that where a medical professional, provided services to several hospitals and received remuneration for services rendered to these hospitals on monthly basis. The tax was deducted under section 194J of the Act and the assessee claimed the benefit of section 44ADA of the Act. The reassessment notice issued on the ground that tax should have been deducted under section 192 of the Act. The notice and order is quashed. (AY. 2018-19)
Sankarnaryanasamy Selvanarayanan v.ITO (2024) 164 taxmann.com 169(Mad)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Remuneration from hospital-Salary-Professional income-Return filed using form ITR 3-Claimed benefit under section 44ADA-Reassessment notice for failure to deduct tax at source under section 192-Reassessment notice and order is quashed. [S.44ADA, 147, 148, 148A(b), 148A(d) 192, 194J, Art. 226]
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