05 June 2012
Ours is a hospital run by trust . We have employed some doctors as well as some technicians on fixed payment. However the term of contract is for one year and renewable after one year. They are eligible for paid leave. However they are not entitled to PF and their payment is shown as stipend in books of accounts. No TDS is deducted. My opinion is that TDS u/s 192 is deductible. Please guide me as early as possible with reference to suitable case law. If we show the payment as retainership charges and deduct payment u/s194J, will it do?
05 June 2012
TDS u/s 192 is only for salary payment. In this case, the remuneration does not amount to salary. Further, employer-employee relationship does not exist.
Accordingly, Section 192 is NOT applicable.
Section 194J is applicable in this case and TDS shall be deducted u/s 194J @ 10%.
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