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TDS Salary deduction

Surya S (73 Points)

22 March 2022

a person worked as an employee of a company . at the time of payment of salary the company deducted TDS from employee under sec 194J. why the company deducted TDS 194j instead of 192 ?

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11 Replies

prasad Nilugal ( GST Practitioner & Accounts ) (14916 Points)
Replied 22 March 2022

You May be on Contract work or doing professional or technical work on contract , under section 192 employer and employee relations are required to deduct TDS under head salary . under 194 J you may getting professional fees for contract work and no employer and employee relations are exists.

Surya S (73 Points)
Replied 22 March 2022

While filing this ITR return under which head income should be disclose?

prasad Nilugal ( GST Practitioner & Accounts ) (14916 Points)
Replied 22 March 2022

Are you employee or on contract basis work ?.

Surya S (73 Points)
Replied 22 March 2022

Employee

prasad Nilugal ( GST Practitioner & Accounts ) (14916 Points)
Replied 22 March 2022

Then, why they Deduct TDS under section 194 J ? instead of 192 , please confirm from employer .

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Surya S (73 Points)
Replied 22 March 2022

Its a private sector bank and finance employee not permanent. but TDS deducted by the sub company of this bank. sub company is providing salary and other to employees .

prasad Nilugal ( GST Practitioner & Accounts ) (14916 Points)
Replied 22 March 2022

Ok, Question here is , if employee then why they Deduct TDS under section 194 J ?. It should be under section 192 . If you are employee they will issue from 16 , however you tax is deducted under 194j , now they require to issue from 16A and as employee they can not issue you from 16 A , this is the contradiction . How you will file return .

prasad Nilugal ( GST Practitioner & Accounts ) (14916 Points)
Replied 22 March 2022

please take others Opinion also .

Lalit Pandey (Indian Business Researcher) (313 Points)
Replied 22 March 2022

If you're posses a Higher Post of Post Graduation Post then you are treated as a Professional hence 194j is applicable towards your service, for save TDS deduction you must Sign Offer Letter as an Employee not as a Professional Person in a particular post like Vice Chairman, Ex Director, GM..

sabyasachi mukherjee (27858 Points)
Replied 23 March 2022

Rectify tds return immediately and issue a fresh revised form 16

CA Naveen Chand (Chartered Accountant) (12739 Points)
Replied 23 March 2022

due to nature of service … company deducted TDS u/s 194J (Professional Service) aka Contract for Service

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