Can a person act as employee & contractor in a same company?

Dear Experts,

 

Can you please let me know on which amount the TDS needs to be deducted under the below given circumstance,

 

where a person working as an accountant and getting the salary for the same and he is also getting Fees in addition to salary for filing the VAT, Excise  & Service Tax Returns and other consultation.

 

Whether TDS need to be deducted only on the salary part or on both incomes.

 

If TDS need to be deducted on both whether two forms need to be issued i.e., Form 16 and Form 16A?

 

Kindly clarify

Thanks in advance

 

Replies (1)

It depends on the job descripttion. If the employee is charging fees separately by invoicing the company, then the fees paid shall attract TDS u/s 194J. And salary will obviously attract TDS u/s 192B. Then the employee will have to be given form 16 annually on salary and form 16A quarterly on fees.

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