Mis-declaration and Concealment: confiscation affirmed, transaction value re-determined and mandatory penalty sustained; redemption allowed on payment...
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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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