help please

This query is : Resolved

Naresh Kansala (Querist)
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12 July 2007 R/s
if some one work in company & his imployer give him salary and at end of the year he give him form 16A and mention nature of payment as fees.

then under which head it is covered.
1 salary
2 other source
3 professional income

Jayant Shaligram

Jayant Shaligram (Expert)
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12 July 2007 Hello,

Check if employer employee relation is existing. See if tax on employment i.e Profession Tax is deducted form his payment.If this is so, then it has to be salary.

If nothing is mentioned and the person gets the payment in the nature of fees, and for 16 A mentions the nature of payment as professional fees then,it has to be shown under professional income head.

Jayant Shaligram

Sanjeev Kumar Varshney

Sanjeev Kumar Varshney (Expert)
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12 July 2007 As the employer has issued Form 16 A instead of Form 16, it is evident that it is not a salary income. It will be Professional Income.

CA Mani

CA Mani (Expert)
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01 August 2007 Main Criteria is Employee-Employer relation ship.

So, I think that

If it is there, Definitely It's taxable as Salary.

Issuing a wrong form does not mean that employee will become Out sider.

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