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25 July 2012 Dear sir,

One of our employee has earned Rs.78000/- last year(2011-12) and he is working as a consultant and he earned Rs.300000/- and he is insisted to file return and asking for Form 16.Are we responsible to give Form 16?I am asking this question because we have not deducted TDS from his salary because he earned only Rs 78000/- from our concern.

Regds
Shyamlal.K

25 July 2012 Your query has some confusion. As an employee what ever payment paid, that will included as Salary only.

In case if he works first as consultant some time then become employee or first some time employee and become consultant. both cases the consultancy Income attracts tds u/s.194J, can be issued only Form 16A

not to issue form 16

25 July 2012 No need to issue form 16


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