Suggest a method (if any) to prevent any more tds from being collected in my case

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I am a doctor working at a medical college for the past 6 months now (appointed on a contract basis for a period of 1 year as per the appointment letter). The consolidated pay being Rs.50000/- per month. Just now Ihave realised that my pay is actually being given as "professional fees". That is a different issue all together that a doctor appointed in a medical college needs to be given as  "salary" rather than "professional fees" as per MCI norms. But I guess, lets just look past that issue, because as far as Income Tax department is concerned, salary/professional fees differences do not matter as long as you pay tax.

Now for this financial year i would recieve only Rs.400000/- in total as ""professional fees"....because i started working only from August 2015 and i have not been employed anywhere else before this in this financial year. I don't know what is the tax emeption limitfor this year-whether its Rs.2 lakhor 2.5lakhs. I am a male and is not a senior citizen. But whatever be the limit, my tax would come to RS.2000O or Rs.15000/- only (depending on the exemption limit). If you include my LIC policies,health  insurances and other policies, the total savings would come to about Rs.90000/-. Which means for this finacial year, I need to pay only Rs.6000-Rs11000 (depending upon the tax exemption limit to which i am applicable). As of now,my office(ie employer) is cutting Rs.5000/- every month from my salary as TDS.....ie @ 10% rate according to section 194J of the Income tax rules (i hope thats the relevant section).

I understand that I could get a refund from the IT department later on.

BUT WHAT IAMINTERESTED TO KNOW is whether there is a method (or income tax rules) which I could quote to stop anymore TDS from being collected.. Not to mention the fact that they have already collceted RS.25000/- as TDS....which is very much above the total tax to which I am liable to pay.

FURTHER- if i factor inmy travelling expenses, there won't be any tax to pay at all

Please help !!!

Replies (13)

As you said you are employed from aug 15 only, give a declaration to the concerned person at the college to consider your actual income and deduct tax on it.

 

Limit being 250,000/-. your income would sum up to 310,000 after deduction. hence tax liability would be 6000 only. 

 

Give this calculation to the person concerned. Your issue should solve. 

Originally posted by : Ajit Hegde
As you said you are employed from aug 15 only, give a declaration to the concerned person at the college to consider your actual income and deduct tax on it.

 

Limit being 250,000/-. your income would sum up to 310,000 after deduction. hence tax liability would be 6000 only. 

 

Give this calculation to the person concerned. Your issue should solve. 

The office clerk says such adjustments in TDS based on tax exemption limits and tax deductions are possible only when i recieve "salary"......As far as "professional fees" is concerned, the rule is to collect at 10% per year (if amount paid is above rs.30000 per year) and there is no provision for altering the TDS rate based on any other considerations (like tax emxemption limit, tax deductions via LIC etc)

Can someone clarify

Yes that is right. If they are considering it as professional charges, alteration cannot be made. TDS at 10% should be followed strictly

If your are an employee- section 192 would apply for you.

Having been offered contracted professional payments for your services- 194 J would apply.

 

Basic tax limit is Rs. 2.5 lakhs

Rebate u/s87A- Rs. 2000/-

 

 

Originally posted by : Ajit Hegde
Yes that is right. If they are considering it as professional charges, alteration cannot be made. TDS at 10% should be followed strictly

BUT then I can atleast claim for refund can't I? And when I claim for refund, I can provide proof   of LIC premiums, health insurances etc-correct?

 

Since all the money I recieve is "professional fees".....I could even deduct my travelling expenses as we;;-- CORRECT?

Yes. You can claim refund after taking eligible deductions. 

Does "eligible deductions" include all of 80C deductions as with salary? (life insurance, health insurance, child tuition fees etc)

Since ur receiving professional fees you cannot stop the deductor from deducting  10% TDs.

You can take all the expenses required to carry your profession - Travelling, Electricity charges, Telephone/Internet exp. You can also claim depreciation for medical equipment if any or mobile phone/Tablet/Laptop/Desktop.  

Infact you should hire a CA and prepare a Balance sheet and  P&L  and then file ITR-4. 

 

Since i thinks so it's already deducted TDS and paid U/s 194J ok so it would be difficult to move in Section 192.

first thing say to them give some fees in cash and show less professional  fees on paper.

or second thing if some in your family have some professional qualification in other field like accounting the transfer some you fees on his/her name like 20000 profeesional fees in your name and 20000 to 30000 as salary on other person of your family

Mr. Mehul, please take a note that  this is not an advisable in this forum. 

Mr. Mehul, please take a note that  this is not an advisable in this forum. 

i have just sugessted u method if u want to avoid TDS...

you have to apply to your jurictiuonal IT commissioner with the details for obtaining a certificate for lower or NIL  TDS, and offer that to the payee , he will work accordingly 


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