Which itr should be filled if tds deducted is under wrong

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Rubul

Student

117 Points Posted on 28 July 2014

Dear Members

I have a case to discuss with you all, please clarify my doubts. I am working with an organization on contractual basis for two years as a project associate. My organization deducted TDS under section 194J from my salary.

But I have filled ITR-1 since in my opinion there is an employer-employee relationship exist in our contract. As i have to attend office on regular basis, I have to abide by the rules and policies of my organisation, my employer dictate me about my code of conducts and my work is directed/given by my employer. Thus I have no autonomy over my work.

Now my question is that am I correct in filling ITR-1 even though my employer has deducted TDS under section 194J. Further I want to clarify that even though I have filled ITR-1 I have quoted TDS deducted by them under the coloumn "TDS deducted other than salary i.e 16A".

Further if the AO sends notice for this what should be my reply please clarify me and I want to know under which section or clause employer-employee relationship is described.

Replies (3)

Tribhuvan Aditya Singh

Student as well as Self-employed

3853 Points Posted on 29 July 2014

before filing of return you should have discussed this matter with your employer first and requested them to correct tds return and show your tds under 192 of emplouer-employee relationship exists..... if employer does not agree on this then you should file itr-4 and show this income under pgbp and "no account case".

Rubul

Student

117 Points Posted on 29 July 2014

Actually the problem is, my Income is above Rs.120000 thus as per 44AA i have to maintain books of a/c, if I file IT-4. And I have discussed this with my employer and he is reluctant to rectify it.

Anyways I am ready to revise my return but in Balance sheet section of ITR-4 i am totaly blank as to what amount i should quote in as fixed assets or Debtors etc. As per my knowledge of accounts I think that in Asset side of B/s my closing Bank Balance as on 31 march 2014 should be reflect as Current asset and in liability side same amount should be reflect in Capital A/c, Thats all,(since I don't want to quote imaginary figures for payables and receivables). As far as P&L is concerned i will quote my salary in sales/receipt column and no expenditure shall be claimed.

Please guide me if i am wrong :-)

Tribhuvan Aditya Singh

Student as well as Self-employed

3853 Points Posted on 29 July 2014

you dont need to fill complete balance sheet and profit nd loss... below the schedule of balance sheet or profit and loss, you will find section of "no account case".. you should fill details there. just fill cash balance in balance sheet section and your total salary in gross receipts of profit nd loss section.