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    <title>2005 (10) TMI 433 - ITAT DELHI</title>
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    <description>The Tribunal determined that the consultant doctors were employees of the assessee hospital, classifying their remuneration as &#039;salary&#039; under section 192, rather than &#039;professional fees&#039; under section 194J. Consequently, the assessee was deemed in default under section 201(1) for short deduction of tax, as TDS was incorrectly applied at 5% instead of the applicable salary rates. The Tribunal dismissed the appeal, rejecting the assessee&#039;s argument based on the rule of consistency, as previous TDS treatments were accepted without thorough examination. The decision upheld the classification of remuneration and the default status for tax shortfall.</description>
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    <pubDate>Fri, 21 Oct 2005 00:00:00 +0530</pubDate>
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      <title>2005 (10) TMI 433 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=118728</link>
      <description>The Tribunal determined that the consultant doctors were employees of the assessee hospital, classifying their remuneration as &#039;salary&#039; under section 192, rather than &#039;professional fees&#039; under section 194J. Consequently, the assessee was deemed in default under section 201(1) for short deduction of tax, as TDS was incorrectly applied at 5% instead of the applicable salary rates. The Tribunal dismissed the appeal, rejecting the assessee&#039;s argument based on the rule of consistency, as previous TDS treatments were accepted without thorough examination. The decision upheld the classification of remuneration and the default status for tax shortfall.</description>
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