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TDS Query

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(Querist)
17 December 2019 Dear Sir/Ma'am,

We have a advocate on contractual employee and paying monthly salary Rs. 40,000/-,
now my question is which section TDS will be applicable i.e. TDS on Contract - 94C = 1% or TDS on Professional 94J = 10%.??

Pandurang Jadhav
9527517182
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A.S.SUNDARARAJAN

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A.S.SUNDARARAJAN (Expert)
17 December 2019 Advocate is by nature is profession. Hence TDS is to be deducted under section 194 J . This is immaterial whether you called as contract employee. But at the same time if that lawyer is in your employee roll, that is different . Here the TDS is to be deducted under head salary
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RAJA P M

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RAJA P M (Expert)
17 December 2019 If the Advocate is Your employee then TDS deductible as per sec 192b... If not employee then TDS applicable u/s 194J. Consider the advocate as a professional if he is contractual employee...
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Amol S Joglekar

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Amol S Joglekar (Expert)
13 February 2020 you go by section 194J for contractual employee
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