Contract service

443 views 17 replies

Rajkumar Gutti

736 Points Joined August 2018

I am retired from a company as a Assistant manager - internal audit.

Now company give me extension as a contractual employment. Not being a employee.

My working hours is fixed daily 9.30 am to 5.30 pm. sunday weekly holiday.

My nature of job is checking , verifying vouchers, bills , payment etc

.I am not giving any written opinion nor giving any advice & not doing any type consultancy work.

I am not having any type of professional qualification like as CA CS , CMA , or GDCA ( Government certified auditor )
My work is controlled by company;s
other person.

The company ( owner ) is deducting tds on my fixed amount consideration under 194 J .

But my understanding is work is not a professional Type , it is a contractual work and require to deduct tds under 194 C.

Pl.give me any court / tribunal reference to show the this service is fall under 194 C
Unnecessary this 194 J burden I bear. So that take home amount is comes very poor.

I

Replies (17)

RAJA P M

"Do the Right Thing...!!!"

128116 Points Joined January 2015

No... The said work is professional work.
So, Company is right on its....

Rajkumar Gutti

736 Points Joined August 2018

Sir, is definition of professional service as per 194 J applicable to my work

RAJA P M

"Do the Right Thing...!!!"

128116 Points Joined January 2015

Yes Sir the said work is treated as professional work as per sec 194J.

If You are not employee then it will be treated as Professional Accounting Services & TDS applicable u/s.194J

sabyasachi mukherjee

28012 Points Joined May 2017

IF THERE IS ANY CONTRACT THEN OK

RAJA P M

"Do the Right Thing...!!!"

128116 Points Joined January 2015

Please bro @ Mr Sabyasachi...
Please, Please don't collapse this query with Your great replies...

Rajkumar Gutti

736 Points Joined August 2018

Yes , my contract is fixed period for 1 year
My work is controlled by employer.There is no decision power , no opinion power , work is as good as regular employee.

In sec.194 C state that- Any person responsible for paying any sum to any resident for carrying out any work .

Can this definition not applicable to my work.

RAJA P M

"Do the Right Thing...!!!"

128116 Points Joined January 2015

Sir,
if you want reply as per Your thought then its not possible. right...?

If You are not employee of the company. Then The Accounting works nature under professional. So, the TDS deduction if correct.
Otherwise it's on Your wise...

May be wait for others view...