Trader
2616 Points
Joined August 2009
Please read the circumstances under which AO will make such an assumption. If there is only a one off transaction or the employer is the only client of the employee. In the contract you are deducting only 2% TDS and you may pay a higher rate to employee and he will claim expenses including indirect expenses to reduce his tax liability. The danger for revenue in such cases is that TDS has come less. Price is fixed by payer for contract. Expenses claimed by employee in contract business may be what would otherwise have been his perquisites if working in the employment. However, you must be carefull in routing this transaction. Nowadays department has given their CASS software a lot of triggers in selecting returns for scrutiny especially in networked cities. The entity maintaining Income Tax Database is the same NSDL. If they ever flag returns of yours for having made TDS under 192 as well as one of the 194s, they will flag return for scrutiny. There is more chances of employee return being picked up. This is because his account will show 194C and 192 from same person. Once either get into scrutiny then there is a problem. Employees AO can contend that he has been renumerated less for the catering job on account of the employer employee relationship. Both accounts can be called by any of the AOs.
Whenever you go for scrutiny these days, AOs do not give you reason why your case is picked. But during the process of scrutiny, you will make out when AO refers to his printouts and starts getting on you bang on target. Therefore if it is indeed a such a tranaction, with advancement in technology, bettwer avoid it.