proprietor shud deduct tds on his salary

TDS 2262 views 10 replies

Friends..

There's been a lot of issues rising up against students who take up dummy. Think, They have got an oppurtunity to devote more time for studies, so they made use of it. That can be justified in one way. Its more common in major cities and where good coaching centres are available. The hard work hours of articleship naturally makes the students who suffer it, angry towards the dummy's. (thats how they are called).

When the Institute makes new rules to prevent it, the students get better ideas to out win it. Nothing can basically be done to catch and punish all dummy articles. Well, if the members are willing to give, why would the students NOT accept this golden opportunity ??

The only practical solution is to create an awareness and more ethics among the members of institue who give such dummy. The members of the Institue have to be regularly notified on the hazards of giving such dummy articles to students. Only then can it be atleast reduced in future.

Replies (10)

NO PROPRETIORSHIP FIRM & PROPRIETOR ARE  NOT SEPERATE ENTITY .NO ONE DEDUCT tds FOR HIMSELF.

Dear Sweta Jain and Silky Jain

As per the provision of Sec. 192(1) any person responsible for paying any income chargeable under the head salaries shaii, at the time of payment, deduct incometax...............

Hence it is immeterial that it  is prorietorship  or partnership or company or subject to audit u/s 44AB, TDS to be deducted at the average rate if incometax computed on the basis of the rates in force for the F.Y. in which payment is made, on the estimateed income of the assessee under this head........ for more detail pl. read sec 192 & sub sections & clause also

Surana, Chennai

9952967237

when we can say that a company is a one in which public is having substantial interst? please name such type of companies.

ref: pcc/taxation/definitin of income/dividend sec. 2(22)

Sweta Jain & Silky Jain

Sorry I couldn"t read full question. Properietor can not pay the salary to himeself it may treated as drawing, in case he withdraw the sum from hsi/her proprietorship firm.

Surana Chennai

Mr. Pranav

Read sec 2(18)  of Incometax Act, 1961, which has difined this term.

Surana, Chennai

9952967237

Hello Shweta.........

 

I think you should ask your query by posting a new topic........As here the intention of "San" was to discuss about "Dummy Articleship" and not that of "Propietorship"........

Hi san.........

 

I completely agree with your point.....

 

To stop the so called fashion of "Dummy Articleship" firstly the members of the institute i.e the chartered accountants should be alert and awake and they should stop giving dummy...

Then there would be no student doing the same.........And the question of Dummy articleship will never arise.............

Good Evening Everyone

Before discussion on issue of Dummy articleship, we should find the reason why student think for this ? U can not put the blame only on students.  I agree that students want to devote more time on study, since their aim is to get sucess. But Other side If U observe, U will find that employer is not allowing sufficient leave to them for study. Employer think only for their work, they are getting  good employees in form of articles on the remuneration in the form of lower stipend. Only few of them are thinking about the future of student.  Hence the querry should be raised before ICAI for the study leaves and stipend. Employer should not force the student to work, when examination time is nearby.  One side Audit period Other side examination time particular in the month of Nov., How a student can study ? , therfore examination should be shift to June & Dec. 

I completely agree with the views expressed above that the members should refrain from giving "Dummy " seats to Articles. At the same time I would say that the articles should also try not to take dummy seats. Training is an important part of the whole process of getting a C.A. degree. I have come across people who have gone under Dummy articleship and qualified in minimum time. But when they come in to the world of Jobs and Practice (whatever they choose) they are in a very peculiar situation, because they do not have sufficient exposure of work., since they haven't undergone through the training. They are not able to face the interviews with confidence as compared to person who have gained sufficient exposure of work during his/her articleship.  

Properietor firm can not pay the salary to properietor its considered as  drawing so no tds is to be deducted


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