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Tds

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(Querist)
22 February 2012 Dear Fellow Brothers,
I have some doubt on tds issues.Request to clarify.The Facts are as under:
1)A Pilot who is working on contract basis. i.e. not on roll of any air lines, charges the entity on the basis of flight hours basis or monthly contract basis irrespective of flight hours.The entity who engages him deduct tds @10@ u/s 194j, is it correct?
2)is Pilot a specified profession?
3) whether tds should be deducted u/s192c @ 2%?
4) If gross receipt is less than 60 lacs, can he go for 44AD?
Any reference to citation will be more helpful.
Thanks.
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Yogesh Agarwal

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Yogesh Agarwal (Expert)
22 February 2012 So far my views concerned, the deduction made by the company u/s 194J is correct. Since the profession involves occupation requiring purely intellectual or manual skill as held by Supreme Court in the case of CIT v. Manmohan Das (1966) 59 ITR 699.

Since the occupation of pilot is a skill which requires the above...

4) yes he can go for presumptive basis of income.
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Yogesh Agarwal

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Yogesh Agarwal (Expert)
22 February 2012 So far my views concerned, the deduction made by the company u/s 194J is correct. Since the profession involves occupation requiring purely intellectual or manual skill as held by Supreme Court in the case of CIT v. Manmohan Das (1966) 59 ITR 699.

Since the occupation of pilot is a skill which requires the above...

4) yes he can go for presumptive basis of income.
Profile Image

Yogesh Agarwal

Profile Image

Yogesh Agarwal (Expert)
22 February 2012 So far my views concerned, the deduction made by the company u/s 194J is correct. Since the profession involves occupation requiring purely intellectual or manual skill as held by Supreme Court in the case of CIT v. Manmohan Das (1966) 59 ITR 699.

Since the occupation of pilot is a skill which requires the above...

4) yes he can go for presumptive basis of income.
Profile Image

Yogesh Agarwal

Profile Image

Yogesh Agarwal (Expert)
22 February 2012 So far my views concerned, the deduction made by the company u/s 194J is correct. Since the profession involves occupation requiring purely intellectual or manual skill as held by Supreme Court in the case of CIT v. Manmohan Das (1966) 59 ITR 699.

Since the occupation of pilot is a skill which requires the above...

4) yes he can go for presumptive basis of income.
Profile Image

Yogesh Agarwal

Profile Image

Yogesh Agarwal (Expert)
22 February 2012 So far my views concerned, the deduction made by the company u/s 194J is correct. Since the profession involves occupation requiring purely intellectual or manual skill as held by Supreme Court in the case of CIT v. Manmohan Das (1966) 59 ITR 699.

Since the occupation of pilot is a skill which requires the above...

4) yes he can go for presumptive basis of income.
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