remuneration to director

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sunil (Querist)
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10 July 2010 Remuneration received by Director of a Pvt. ltd. Company should be taxable under which head.

1. Salary
2. Business

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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10 July 2010 SALARY

sunil

sunil (Querist)
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10 July 2010 but there is no employer employee relationship.

can u give any ref.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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10 July 2010 Directors Remuneration is subject to TDS u/s 192. It is taxable in the hands of recepient under Income from salary.
Director is a employee of Company.

Ankur Garg

Ankur Garg (Expert)
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10 July 2010 Agree with expert

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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10 July 2010 If the Director is appointed by the Board of directors and is functioning under the superintendence of the board, remuneration should be assessed under the head "income from salary".
Citation:- Sajid Mowjee Vs. ITO (2005)279 itr 467(Cal).

Employee-employer relationship would appear to be not strictly followed in view of the following judgement.
Justice Deoki Nandan Agarwala Vs.U.O.I (1999) 237 ITR 872 (SC).

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