Pls pls reply soon

Tax queries 1317 views 17 replies

One of my client g8s professional fees of Rs 1,19,000/- from an research institution where he does testing of medicines.He also does job for which he g8s salary of 4,50,000/-. He goes to this research institution at times left after hs job. Now d problem is that my client doesnt wants to show this income as PGBP as he says he has just got the fees bt doesnt incur any expenditure except petrol for going to that institute. And for petrol he doesnt hv any bill. He says its just providing of service.

 

Now is it ok if i shw this income as income from OTHER SOURCES and file ITR1?

Replies (17)

Richa Dont forget Section 44AD, you can just show 8% or more if you want as PGBP, and neednot maintain bills or books of accounts, and you can show salary also is ITR4S

 

I hope i understood your problem correctly and given the right solution

you neednot even justify your claim of profit if it is more than 8%, about why so low or high your profit margin is... so i believe itr4S itself is the right option

Originally posted by : llllVICTORllll


Richa Dont forget Section 44AD, you can just show 8% or more if you want as PGBP, and neednot maintain bills or books of accounts, and you can show salary also is ITR4S

 

I hope i understood your problem correctly and given the right solution

 

 

Ya bt its professional fees and so we cant show it under 44D. Its not business income...


BTW, isnt TDS deducted on the amount , i means section 194J???

Ya..TDS is deducted..That is d problem..N it is deducted u/s 194J..So v doubt whether it can b shwn as INCOME FROM OTHER SOURCES???

if TDS is under sec 194J then i think you cant. you have to make a P&L and file itr 4

 

Bt thats what d prob is..I need expenses for P&L...Bt he hsnt xpended anything other than petrol..N for that even he doesnt hv ne bill..He says its just receipt for services provided at their place with their materials..

IF they can revise the TDS certificate and make it as contract(as you said all the material everything was provided by them) then it will become business more than profession, 44AD may be applied.

 

YEs, they will have to revise the deduction amount as well. But as far as i see, thats the only way you can go,

 

or else you can file itr 1 with other source and just pray that the case wont come for assessment..

 

That is nt possible now yar..its too late for such adjustments to be made..Can i g8 any other way?

Hey is your client's profession one of the recognised profession as per income tax, check on that also. If not then take it as business itself.

 

Coz if you see teaching is a profession but IT act does not recognise it as a profession but as a business.

 

Just like that, see if we can have any luck on that way

What difference does it make, if you show it as Income from profession or other source from tax planning point of view

 

As his income is just 1,19,000(luckily 1000 less than the limit), he neednot maintain books of accounts as per sec 44AA

 

so, showing it as income from profession is the right idea

show

driver salary @ 4500/- pm 

petrol @ 5000 pm 

repair and maintaince .............................

ooooooops i am about to reach the expenses more than the income .........;)

as he is a person so no bar to show expense to this extent, nobody will ask for specific documents.

Originally posted by : U S Sharma

show

driver salary @ 4500/- pm 

petrol @ 5000 pm 

repair and maintaince .............................

ooooooops i am about to reach the expenses more than the income .........;)

as he is a person so no bar to show expense to this extent, nobody will ask for specific documents.

 

Bt he does nt own an car..so driver ya petrol ka bhi itna zayada cant claim..

hi ........

show accounting expenses: 12000 p.a 

show petrol expenses: 12000 p.a

show retunn filing expense :

show stationery expenses : 2000

if he owns the computer and printer  then claim the depreciation on the notional wdv.....

if he owns two wheeler then you can also claim depreciation on notional wdv.......

you can also claim the expenses of internet charges - 6000 to 7000 p.a

these are some logical expeses that can be claimed.........


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register