Client shows tds paid for me but i am not employed with him?

Tax queries 706 views 5 replies

 

Hi Friends,
I have recently come across a situation and need your advice.

I work as independent consultant and have one of my clients whom i regularly provide services have deducted TDS to tune of Rs 10000 and deposited for me without my knowledge. I came to know about it as I can view TDS paid on my behalf thru Form 26AS and I did recently accidentally checked. I get payments in cash from said client and that too not very high amount say couple of thousands per  month based on services rendered. I am not employed by the client in anyway and its a verbal consulting understanding on need basis.

Now I know the right thing to do is to ask the client why he has shown TDS for me for such high amount without my knowledge. My thought is that he wants to claim people as employees to claim deduction as expenses.

I was wondering what do i lose even if i keep mum and assume ignorance. Does it hurt me in anyway in long run. I never paid taxes and I was never intimated by client. Infact if i show the corresponding salary in my income; my tax return will be strong as i did not had much income in few months in this financial year.

Apart from morality issues; what else are the potential known risks if i follow this approach?

I just want to weigh in what risks and potential difficulties i may face.

Pls share your thoughts.

 

Replies (5)

Dear Sunando,

You need to see under which section of the Act has the TDS been deducted. If it is u/s 192 it is salary and if it is 194J is it for consultancy.

You can, however,  file the IT Returns for the period and get a refund of the TDS if your taxable income is within the threshold limits.

 

Hello Sir ...I got all the details...the deduction is under 194J which means as you said is contracting. This is also my situation as I am not employed. However The worry aspect is I have been paid say rs 40000 (rs forty thousand) all in all in last few months on which he has deducted TDS 10% but also he has shown extra couple of lakhs as payment on which he has done deduction of TDS @ 10% for me. But I was never informed; have never rendered any extra services and have never received these few lakhs shown in this form.

I am wondering why he would show these payments under sec 194J and also pay TDS @ 10% when he has not actually paid me anything and have not even informed me.

I do not want to confront but rather find out first potential implications.

Dear Sunando,

You should worry if you are in the tax bracket attracting 20% or 30%. This is because you shall be called upon to pay the balance tax on the income which is shown by your customer. Since you have not received the income (as per you) the balance tax shall have to be borne by you.

Another aspect that needs clarification from the Company is have they made any provision in their books of accounts to pay you for services rendered / to be rendered by you till 31st March 2013.

Good Luck !!

thank u for ur inputs and advice...will proceed accrodingly

Get refund and enjoy and also make ur itr strong


CCI Pro

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