tangible or
intangible asset for the Appellant, were not fulfilled.
Disallowance of Retainership Fees and Recruitment Charges:
Without prejudice to the issue of validity ... claim of deduction of recruitment
charges of INR 87,58,529/- and retainership fees of INR 52,84,362/-
under section
disallowance of Rs.8,40,099/- made by the Assessing Officer,
being retainership fees which according to the Assessing Officer
was not paid ... return, the
assessee claimed deduction of Rs.12,17,899/- as retainership
fees which included Rs.8,40,099/- paid to four parties, the
names
payments made towards TDS on account of
retainership fees paid to rate difference
M/s. Makani creative Pvt. (194J (-) 194C) at
Ltd. wrongly made ... hands of the assessee company
on the said count.
(D). TDS on retainership fees paid to M/s. Makani Creative Pvt. Ltd :
That the assessee
erred in deleting the
disallowance of retainership fees of Rs. 1,00,00,000/-
made by the Assessing Officer, without appreciation
the fact that there ... challenging the order of
Ld. CIT(A) in deleting the disallowance of retainership fees of
Rs. 1,00,00,000/- made by the Assessing Officer
erred in deleting the disallowance of Rs.8,99,539/- paid
as retainership fees for which no services were rendered as held ... party (of
the table) rendered services for entitled to the retainership charges.
The CIT(A) while calling for a remand report from
which is claimed to have been
paid towards 'retainership fees'.
2. Briefly stated the facts are as under. The assessee company ... present appeal is concerned, it
is limited to disallowance of the retainership fees. The A.O. has
observed that the assessee could not produce
that of
master and servant between the assessee and the doctors
on retainership basis. It is also seen from these
agreements that the doctors ... with the
assessee without permission of the assessee, while the
doctors on retainership basis are only debarred from not
getting in similar or any capacity
contractual amount that was paid to the
parties engaged on retainership basis, therefore, the provisions of
Sec.194J which were applicable for professional services could ... service charges‟ paid to
the aforesaid persons who were engaged on retainership basis was
below Rs.20,000/- per person, thus no tax was liable
assessee has debited the
following am ounts :
"AY J.V. Commission Retainership charges
2005-06 Rs.1,21,51,168/- Rs.11,89, Lakhs ... remai ning amount of Rs.3,39,000/- out of the total
Retainership charges of Rs.11,89,000, the Appellant
Company has stated that
Counsel for the assessee submitted that assessee had
entered into a retainership agreement for rendering services
including drafting agreements/conveyance including verification of
title, attending ... have been rendered by them. However, since the assessee was
bound by retainership agreement, it was under an obligation
