Please Help: head of income
Posted Date : 08-Jul-2011 , 06:14:32 pm | Posted By: Kavita Dudeja
Category :
Income Tax | Answers :
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Comments :
5| Hits: 1164
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a person is wrking in a comp. as a consultant. can we show his receipts under salary. as the company has deducted tds u/s 194j. |
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Answers:
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 Answer by: Anjali Arora |
| No its not possible, When TDS is deducted u/s 194J then how can you show dis in the Head of Salary. Its Professional Fees.
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| Answer by: CA ANKUR KAPIL |
| No, he is working as consultant or retainer the income should be shown u/PGBP only.
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| Answer by: PRIYANKA |
| Right...income wud be chargeabe under the head PGBP, n not salary..as he is working as a consultant and moreover tds deducted u/s 194J.
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| Answer by: CA. Sachin Data |
| If the Employer Employee relation exists, only then the amount can be charged under the head "Salaries". In the given situation as it seems, the above mentioned relation doesnot exist as the TDS has been deducted u/s 194J. Hence, the given amount is not covered under the purview of the head"Salaries".
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| Answer by: Ketan Samdani |
| Agree with experts.
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| Comments |
| Posted By : Sashi |
09-Jul-2011, 11:48:30 |
| Right...income wud be chargeabe under the head PGBP, n not salary..as he is working as a consultant and moreover tds deducted u/s 194J. |
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| Posted By : Saurabh Mittal |
09-Jul-2011, 07:04:36 |
| No if company deducted tds under section 194J than income is taxable as under the head non salary. i.e. business income. |
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| Posted By : RAVINDRA JHA |
09-Jul-2011, 04:08:43 |
| if he doing ajob under a company, then he is employee of that company, so company should be deduct tds on salary under section 16A |
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| Posted By : CA VIPIN GARG |
09-Jul-2011, 08:52:50 |
| Agree with the above replies |
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| Posted By : CA. MANISH MALHOTRA |
08-Jul-2011, 11:39:21 |
| Income under head salary is taxable only if there is employer and employee relationship between payer and payee......... Also if company deducting TDS under section 194J, means giving him profession fees not as employee. So not taxable as salary |
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