43b attracts or not?

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if the directors getting commision on the basis of gross receipts along with monthly remunartion is the commision which is payable by the company to the director attract 43B and is the director is employee of the company or not?

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section 43b attracts for commission  only if the director is not an employee  and  considering the director as an employee depends upon facts and circumstances  i.e .service agreement ... 

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