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Nature of income

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(Querist)
18 July 2012 Dear all
my friend is working in marketing division of one reputed concern in return he get commission.TDS also deducted @10% as commission income.Form 16 A (And not Form 16) is also provided.There fore whether the income is chargeable under Salary head or Income from other sources.He his full time employee.The confusion is created because of Salary definition which says Salary includes Commission also.There fore please suggest me and also which return will applicable.Thanks in advance.
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CMA Ramesh Krishnan

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CMA Ramesh Krishnan (Expert)
18 July 2012 What ever the payment you are getting under employment relationship, from the employer will be treated as Income from salary only.

But your query is giving to different meaning.when he is full time employment,why company deducting TDS as commission and issuing form 16A?
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SANYAM ARORA

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SANYAM ARORA (Expert)
19 July 2012 If he is an full time employee there is no point of deducting tds @ 10% and it will be covered under salary head.
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Nilesh

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Nilesh (Querist)
19 July 2012 Dear sir first of all thank you for your reply.
If he is not a full time employee than what will be the income head.
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CMA Ramesh Krishnan

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CMA Ramesh Krishnan (Expert)
19 July 2012 It is a nature of Business Income
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