CA
8008 Points
Joined June 2008
Hi Tulika,
If employee receives payment as a consultant it will come under professional and consultancy charges.
Service tax implication: Since amount exceeds Rs.10 lacs there will be service tax to be added @ 12.36%.
Take home: If this amount if excluding service tax then his his net receipt (take home amount) will be as under,
Basic amount 14,00,000
Add: Service tax @ 12.36% 1,73,040
Less: TDS @ 10% on 14 lacs (140000) u/s. 194 (J)
Net receipt 14,33,040
Pros and cons:
He can claim expenditure i.e. conveyance, telephone, office exp., compter exp., internet exp., stationery etc. from consultancy income.
In salary he can claim conveyance allowance (Rs.800 per month), HRA, children education allowance, children hostel allowance (if these allowances are there in salary structure)
Thanks,
Devanand