Contractual service
Querist :
Anonymous
(Querist) 16 October 2023
This query is : Resolved
AFTER RETIREMENT I ,OFFER CONTRACTUAL INTERNAL AUDIT WORK.
IN THIS REGARD ,I AM SIMPLY B.COM, NOT HAVING ANY PROFESSIONAL QUALIFICATION.
MY QUERY IS -IS IT RIGHT TO DEDUCT 1% TDS AS PER SEC.194C CONTRACTUAL WORK
PLEASE GIVE ME GUIDANCE
kavksatyanarayana
(Expert) 16 October 2023
Consult a local CA or query this in CAclubindia.com to get a proper reply.
Sudhir Kumar, Advocate
(Expert) 17 October 2023
When being able to be re-employed after retirement on audit job you are expected to know the reply.
Querist :
Anonymous
(Querist) 17 October 2023
THOUGH I HAVE RE EMPLOYED AFTER RETIREMENT IN AUDIT PROFILE.
I KNOW THE TDS DEDUCTED ON MY REMUNERATION UNDER INCOME TAX SEC.194J
BUT I WANT KNOW IF ANY PERSON LIKE ME ENTERED IN SERVICE CONTRACT & HE NOT POSSESS ANY PROFESSIONAL QUALIFICATION , THEN IN THAT CASE IS TDS UNDER INCOME TAX SEC.194 C IS APPLICABLE .
BECAUSE ON MY WORK CONTROL IS COMPANY MANAGEMENT. REMUNERATION IS FIXED.
HENCE IS THERE ANY SUPREME COURT, HIGH COURT , INCOME TAX TRIBUNAL REFERENCE AVAILABLE FOR CONVEY TO COMPANY.
Dr. J C Vashista
(Expert) 18 October 2023
Old is gold.
You have expertise having rich experience in the audit, which you have been practicing through out your service career, that is much above a professional degree without practical knowledge.
As a matter of law deduction of TDS is liability of employer / contract awardee, which do not require any citation. If you feel so strong contact and consult a local income tax practicioner.
T. Kalaiselvan, Advocate
(Expert) 18 October 2023
It is a surprise that being into an audit profession you are raising doubts about the TDS that too being done on the professional remuneration
Your remuneration is liable for TDS as any other service because it is contractual assignment
Querist :
Anonymous
(Querist) 18 October 2023
SIR,
I KNOW THE TDS , BUT MY DOUBT IS , I AM NOT HAVING ANY PROFESSIONAL QUALIFICATION.
IT IS SIMPLE INTERNAL AUDIT WORK , HENCE MY UNDERSTANDING IS THIS CONTRACTUAL SERVICE FALL
UNDER 194 C INCOME TAX SECTION. B.COZ MY WORK CONTROL IS DONE BY EMPLOYER. MY DUTY HOUR IS
FIXED 9.30 AM TO 5.30 AM. THERE IS NO ANY CONSULTANCY WORK.ONLY DOCUMENT CHECKING PART,AS GOOD AS GENERAL EMPLOYEE. HENCE IS THERE ANY COURT ,TRIBUNAL REFERENCE SAYING -THIS SERVICE FALL UNDER WORK CONTRACT SERVICE ,AS PER INCOME TAX SECTION 194C, INSTEAD OF INCOME TAX SECTION 194J. SO THAT I STRONGLY CONVEY TO EMPLOYER ( CONTRACTEE ) NOT TO DEDUCT TDS UNDER 194 J AS TDS ON PROFESSION SERVICE
T. Kalaiselvan, Advocate
(Expert) 19 October 2023
You cannot bend the law to suit your convenience.
If the company's policy is to deduct tax at source for any payment made, you cannot agitate that for any reason.
You were working in the audit line earlier hence you are not a layman to this circumstance, therefore it is strange that why are you so much adamant to not to follow the rules or law prescribed for the purpose.
Your qualification may not be attracting any such remuneration as per your thoughts, but you cannot prevent the company from deducting the tax at source.
You can claim the same by filing the ITR as per your own understanding of law,
P. Venu
(Expert) 31 October 2023
Income tax is not charged on your qualification or expertise, but on income. It is mandatory to make the deduction as you are working as a professional on contract.
However, such deduction is improper if you are working as a regular employee and the so-called contract is nothing but a sham.
