I was working out of India for about 8 years and recently back to India. After returning I started working as a Visiting Faculty / Teacher in a college at Mumbai.
To my surprise from the first cheque, the amount of 10% is deducted saying TDS. And as I was NRI for long time I am not filling my returns. My last return was filed in FY 2004-05.
At present I have no other income. I search on the net and found that the college may be deducting TDS u/s 194J.
Presently the amount I received from college will be approximately 80,000 p.a. Also I found that as per sec 194J if one will get professional income above Rs. 20,000 during a financial year then only TDS will be deducted. However my cheque from college was just Rs. 4,500 (Total amount Rs. 5,000/- and TDS deducted 10%)
Is college justified in deducting TDS and is college deducting TDS at the right percentage? Please guide me how i can save TDS as my income is also quite less at present.
04 December 2010
Sec 194J is applicable in case of payment to Resident. If you are still a NRI, This section is not applicable.
The minimum payment amount should be Rs. 30000/-.
You will be covered under the section 195. i think bank has deducted the TDS under this section, Because under this section no minimum limit is applicable.
04 December 2010
Hi Rahi, This is OK considering you can be visiting other faculity .colleges are doing this.It seems from your statement,You are no more NRI.you can start filing return & compute tax liability.you can get refund
2) so if during FY i get more than Rs. 30,000/- all in small amount of cheques less than Rs. 30,000/- then they r liable to deduct my TDS immediately or shall they wait for amount exceeding Rs. 30,000/- and then deduct tax?
3) Is college have to deduct TDS on first Rs. 30,0000/- also?
4) Last thing, I am in teaching - so do I cover under Professional or Technical Services? As I have not found teaching job covered under professional service. Offcourse it's not technical work. Also according to Section 44AA I have not filed my returns since last many years due to my NRI status, so during last 3 years I have no taxable income preceding PY. Usually Visiting Faculty be treated as Professional Services for Section 194J or Contract work under section 194C?
05 December 2010
Hi, You will be covered in 94J.Your status is resident.You will be covered in professional/consultants category.You can file IT return & definately go for refund. College Accountants may be doing for safer side,You can tell them,That greater to 30K when liablity arises for TDS.
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