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No TDS is deductible on tips received by Hotel employees

The Supreme Court in ITC LIMITED GURGAON vs. COMMISSIONER OF I.T. (TDS) DELHI, has categorically held that ‘tips’ received by Hotel employees does not amount to ‘salary’ from their employer and hence the employer need not deduct the tax at source under Section 192 of the Income Tax Act, though the same would be chargeable in the hands of the employees as“income from other sources”. Section 192 of the Income Tax Act states that any person responsible for paying any income chargeable under the head “Salaries” shall, at the time of payment, deduct income-tax on the amount payable at the average rate of income-tax computed on the basis of the [rates in force] for the financial year in which the payment is made, on the estimated income of the assessee under this head for that financial year. Receipt of the tips by Hotel employees was treated by the Assessing officer as income under the head “salary” in the hands of the various employees and held that the assessee were liable to deduct t...

Hotel fined Rs 1.5 lakh for charging Rs 5 above MRP costs

The apex consumer forum has imposed an exemplary cost of Rs 1.56 lakh on a Gujarat-based hotel for charging customers Rs 5.5 above the Maximum Retail Price (MRP) of a soft drink. The National Consumer Dispute Redressal Commission (NCDRC) imposed the cost reiterating earlier judicial rulings barring hotels and eateries from charging above the MRP. The ruling came on a petition filed by a Bharuch-based hotel Nyay Mandir, which challenged the Gujarat State Commission's order to pay Rs 6,000 as compensation to complainant Ishwar Lal Jinabhai Desai, who had approached the forum for having been charged Rs 18 for beverage 'Miranda', despite its MRP being only Rs 12.50. Asking the hotel to pay Rs 6,000 to the complainant, the forum ordered the hotel to pay an additional Rs 1.50 lakh to the consumer welfare fund. The hotel opposed Desai's plea contending that it took the additional amount as service charges for various facilities accorded to its customers. Not impress...