Earning income but cant be attributed to salary or business,

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

18 June 2013 a person is earning income from a partnership ,works as a employee not a partner but cant be taken as salary as the payment is not regular and receives in both cash and kind ,and sometimes part of commission or profit, i suppose it cant be attributed as business income also? so how do we treat it and how can we fill the ITR for FY 2012-13 . please let me know in detail the rules and the procedures. thanks in advance.

warm regards

Rupesh Jain

Rupesh Jain (Expert)
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18 June 2013 r/sir

if he is not a partner . pls see appointment letter of above person
and get salary certficate frm employer.

Querist : Anonymous

Querist : Anonymous (Querist)

18 June 2013 the thing is the payments made are not uniform, sometimes in cash and sometimes through bank and the firm has not deducted tax as well .so let us say the average package is around 10 L pa . the person is looking forward to file his ITR. so how do we do it. is there any way that we can take it as presumptive income and file accordingly.

Guest

Guest (Expert)

20 June 2013 what is salary & how salary is paid are two different things.

If any income constitutes the character of salary it is immaterial how it is paid it will be salary.

Salary is taxable on the basis due or received whichever is earlier.

Hence the total amount received + total amount due will be salary

Querist : Anonymous

Querist : Anonymous (Querist)

20 June 2013 That somehow clears the issue.now while calculating the total salary. The Amt received on cash in excess of the permissible limit . How to deal with that so that the expenses of the firm are not inadmissible . No TDS deduction has been made whatsoever.so now how do we proceed so that it becomes easy for both the firm that is paying and the person concerned.