Section 80P business attribution: ITAT allows deduction on investment interest and ancillary receipts, but excludes staff-loan and other non-eligible ...
Deduction of tax at source under section 194J is not conclusive of professional income; tax authorities must independently examine the true nature of receipts before denying presumptive taxation under section 44AD. In the cited matter, the Tribunal set aside the appellate order and restored the case for fresh examination and de novo assessment because the receipts had been treated solely on the basis of the payer's TDS deduction, without an independent enquiry, and the assessee was to be given a reasonable opportunity of hearing.
Deduction of tax at source under section 194J is not conclusive of professional income; tax authorities must independently examine the true nature of receipts before denying presumptive taxation under section 44AD. In the cited matter, the Tribunal set aside the appellate order and restored the case for fresh examination and de novo assessment because the receipts had been treated solely on the basis of the payer's TDS deduction, without an independent enquiry, and the assessee was to be given a reasonable opportunity of hearing.
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