Whether to be considered under salary?

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

11 January 2013 An assessee pays a fixed amount to a person every month who works for him and provides consultancy services to the assessee. Whether the amount paid to him can be considered as Professional charges? or is it to be considered under salary?

Guest

Guest (Expert)

11 January 2013 It will be decided on the basis of type of agreement or contract among parties. Just because of regular monthly payment from one person to other, it cannot be considered as certain kind of contract.

anurag

anurag (Expert)
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11 January 2013 it all depends upon the agreement language, thereafter the tds has to be deducted u/s 192 or 194J

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Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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10 October 2021 For income u/h salary....... Employer Employee relationship should exist.
Which is doubtful in this relation, hence professional charges.