Tds


This query is : Resolved 

05 December 2013 Dear Sir
A Company paid tds on professional charges instead of paid it as tds on salary.can any one please tell me the consequences of the above situation?

CA DHEERAJ (Expert)
06 December 2013 depends on the situation which relation maintain you with the company if you maintain employee-employer relation ship or professional relation ship, in my opinion here two option avilabel for you and your company-
first who are you? if you r professional and you provide your service in employee basis, and company deduct tds u/s 194J this is advantages of you, becoz after return filling you claim tds refund, but this case you and your company proof your professional relationship,
Second if you maintain employee-employer relation ship and company deduct tds u/s 192 then you do not get your tds amount


becoz salaried person always paid tax nothing refund.

06 December 2013 here the company paid it as incentives to employees


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