Issuance of Form 16A instead of Form 16

Is your friend an employee or a consultant in the entity ? as 16A is issued tds has been made under 194J. so your friend needs to show income under Income from profession, which has suffered 10% deduction.

You cannot disclose as other sources.

thanks

u could not file the return as profession

as per meaning of profession ur friend not included in profession

so u can file the return as business, no need to file u/s. 44AD its a aptional to all even any business assessee file the retun, there is some conditions in that.

so file under business not a profession

Originally posted by : Dipjyoti Majumdar
	Is your friend an employee or a consultant in the entity ? as 16A is issued tds has been made under 194J. so your friend needs to show income under Income from profession, which has suffered 10% deduction. You cannot disclose as other sources. thanks

agreed             

He was appointed as an employee only, even i was suprised to see a form 16A instead of 16 and now the co is not issuing a fresh form 16 so he ahs to file his return as per form 16A only.

@ swapna: why do u say that there is no need to file the return u/s 44AD. Can you please explain in detail....

194J applicable to professionals but an employee doesn't included in professional.

16A issued to persons who are engaged in other business like as LIC agent, contractors, interest received from banks etc.,

but in this case ur friend may file the return under the head income from othersources

Sec.44AD is aptional specified in features.

as u said he is hired as an employee by the company, so in this way

company also deducting PF, ESI  for him  also. So he is employee in that sense

How can us ay that if company makes a mistake in issuing TDS certificate then u also change the head of your income this is not as per law.

If relationship is of "Employer-Employee" then income will be charged to tax in the head Salary.

I advised you to pls check the section under which TDS has been deducted and the rate as well.

Originally posted by : Ravi Dasija
	He was appointed as an employee only, even i was suprised to see a form 16A instead of 16 and now the co is not issuing a fresh form 16 so he ahs to file his return as per form 16A only.   @ swapna: why do u say that there is no need to file the return u/s 44AD. Can you please explain in detail....

check his / her payment slips, and then repost the query, 

to get an employee minimum contribution of profession tax ( where ESI/PF rules are not applicable) is deducted fromn his monthly "salary". 

same problem occured with my brother...practically company doesn't consider some people they hire as employee rather they consider them as professional and deduct their TDS accordingly...one eg of such service is people hired for collection...

wat i did was, i filed his return showing income from bussiness and profession.....and it is appropriate as well...as for doing any profession(in come tax act) u dont need nay professional degree...moreover vocation is also considered as profession......

yes u need to file ITR4...

and u can not show it under other sources...

and please let me knw..that wat type of work ur frd is doing for co.?????

hi all...

this 44AD is applicable to construction contracts ...y r u discussing it here....

you must have obtained form 16 instead of form 16a from the company 

firstly you check the status in NSDL in which company deduct the tax on the following amounts:

1. on salary

2. on other than salary

if company deduct the tax on salary than you file the return of income with ITR 1 without enclosing the form 16A with the Return.

if company deduct the tax on other than salary than you file the return with ITR 4 without enclosing the  form 16 A attached witht the return.

Sec. 44 AD not applicable here.

the income may be taxable under the head other source or business and profession it depends on the nature of income

Saurabh Mittal

Ambala Cantt

first checc form no 16a under which section it is given and teen consider what to do 

@ Karan: My friend works in a IT Co. as a sofware tester and i think the form 16A is issued u/s 194 J.

If i take it to be a business income then can i take it as a no A/c Case and file ITR 4S that is applicable for A.Y. 2011-12

@ RAVI ....yes you file the non a/c case..in ITR 4...