accounting for the receipts in respect of retainership fees on accrual basis. It was explained that the "advance retainership fees" was shown ... Before the learned CIT(A), it was submitted that the retainership fees was received in advance for the contract period of the retainership. The fees
assessment order, identified the
following critical deficiencies in the retainership fee claim:
2. Vague and incomplete MOU terms: The MOU dated 16.08.2004 lacked
essential terms ... revenue/loss in P&L: Despite booking Rs. 3.30
crores as retainership fee in A.Y. 2005- 06, the assessee's profit
salary income. The Ld AR vide reply dated
4.10.2008 submitted that retainership agreement does not create a
relationship of master & servant between the company ... master & servant. The Assessing Officer
after going through various clauses of retainership agreement as
furnished by the assessee and on the basis of difference
expenditure only to the extent of
RS.1,04,23,153/- being retainership charges paid to various professionals for looking after legal cases ... corporate level
viz., Audit fees, software payments etc.
• Legal & Professional Charges (Retainership) includes retainership charges paid to various
professionals who were involved in general
expenditure only to the extent of
RS.1,04,23,153/- being retainership charges paid to various professionals for looking after legal cases ... corporate level
viz., Audit fees, software payments etc.
• Legal & Professional Charges (Retainership) includes retainership charges paid to various
professionals who were involved in general
appeal is against the disallowance of
retainership fees of Rs.4,20,000/- u/s 40(a)(i) of the Act paid to Mr. Yusuf ... Ansari towards 'payment of retainership fees' for the alleged non-
deduction of tax at source on the said payment. The assessee explained
before
Pages from 168 to 196 relating to bills raised are shown for
retainership fees for management consultancy and some TDS certificates.
Perusal of the above ... documents i.e. bill raised for the fees of retainership did
not indicating the technical qualifications of the persons claimed the payments
as retainership charges
Pages from 168 to 196 relating to bills raised are shown for
retainership fees for management consultancy and some TDS certificates.
Perusal of the above ... documents i.e. bill raised for the fees of retainership did
not indicating the technical qualifications of the persons claimed the payments
as retainership charges
doct ors' share and 50%
hospital's share and retainership reduces from the second year and
consultancy revenue share increases.
(ii) SENIOR DOCTORS ... case of
above cat egories and from the second year, the retainership decreases
consultancy share increase. It agreement is also similar to that
Jhalani Tools (I) Ltd.] for the past several years. For utilizing retainership services in a better manner, above company allowed the assessee to occupy ground ... termed as agreement of sub-tenancy rather than an agreement of retainership. It was further submitted that assessee had no interest which could be held
