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Q. > Please Help: head of income
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.
answered Jul 08, 2011 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.
answered Jul 09, 2011 by CA ANKUR KAPIL
No, he is working as consultant or retainer the income should be shown u/PGBP only.
answered Jul 09, 2011 by PRIYANKA , GREATER NOIDA
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.
answered Jul 11, 2011 by CA. Sachin Data , Alwar
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".
answered Mar 06, 2012 by Ketan Samdani , V V Nagar
Agree with experts.
Experts Panelist
Comments
CA. MANISH MALHOTRA
08-Jul-2011 , 11:39:21 pmIncome 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
CA VIPIN GARG
09-Jul-2011 , 08:52:50 amAgree with the above replies
RAVINDRA JHA
09-Jul-2011 , 04:08:43 pmif he doing ajob under a company, then he is employee of that company, so company should be deduct tds on salary under section 16A
Saurabh Mittal
09-Jul-2011 , 07:04:36 pmNo if company deducted tds under section 194J than income is taxable as under the head non salary. i.e. business income.
sashi
09-Jul-2011 , 11:48:30 pmRight...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.