Lavanya
30 August 2021 at 23:59

Taxation of retainers versus employees

Hello, I work in the legal profession but have no association nor have a very good understanding with finance and taxation laws as that isn't my area of focus.
I have recently started a new job and on discussing my role with the company and their HR, the status quo of my hiring in the company became a topic of contention as I cannot be labelled as an employee but they don't take retainers, which is what most lawyers are labelled as and the higher ups have taken some time to discuss this internally and have told me they'll set a meeting up in a few days where all of us can then finalize on the offer.

If I am hired as a retainer, I don't accrue any employee benefits provided under the labour laws of India and get taxed at the source, making it much more transparent and presumably lesser but if I choose to be an employee, I get all the benefits that come with it along with the taxes that are charged on the various aspects of my income whether they be bonuses or perks and allowances. The income slab that I fall under is 15% of my total income above the lower threshold and an additional Rs. 37500.

No matter how much I try to wiggle around I can't lower my slab with the available deductions so I'm genuinely confused as to what manner of hiring should I go forward with that will net me the most amount with the lowest taxation so I can focus on my savings.

I also don't have any additional sources of income at the moment so the income from my job will be the only amount for consideration. Any help, guidance and suggestions will truly be appreciated and go a long way. Thanks in advance.



deepak patankar
30 August 2021 at 23:32

GST payable for alloted flats

1. i gave development rights of my land in Pune to a builder on 4th july 2013 and was to be given flats of 2000 sq ft in lieu.
2. The builder has completed the building , obtained Occupation certificate on 20 oct 2020
3.The builder has handed over possession of the flats to me on 13 aug 2021after registration .
4. i got the payable stamp duty adjudicated from the Registrar against allotment which he calculated at ready reckoner rate of 3500 per sq ft and i have paid the same.
5.The builder is asking me to pay the GST at 12% on the value arrived at general market sale rate of 4500 per sq ft
Questions
a. why should any GST be payable if Occupation certificate exists on the date of document registration and possession- the builder says i have to pay as the agreement is on allotment basis
b. secondly , if at all GST is payable , why should it not be at the rate which even the registrar is ready to accept stamp duty i.e at the ready reckoner rate of rs 3500 per sq ft ?
3. Thirdly if GST is payable , is it payable to the builder or to the govt directly - the builder says he will give a proper receipt stating xyz amount has been paid as GST towards the flat alloted to me and the GST is to be paid to him .
will be obliged if all 3 questions are answered in detail. thnx, rgds.


R S Sai Kumar
30 August 2021 at 20:26

Exempted and nil rated services

I am filing GST returns of one hotel. Room tariff, which is less than Rs.1,000 is to be treated as exempted or Nil rated? Please tell me, In GSTR return what is the appropriate table to declare such revenue?

R S Sai Kumar


Vipul Acharya
30 August 2021 at 19:23

TDS u/s 194H Applicability on 194H

Commission Invoices received from Flipkart is TDS u/s 194H applicable on the same or at what amount as the commisson amount as per 26AS is not matching to Invoice received

Kindly guide


Piyush Rupareliya

Hi, I had filed ITR for last year where I uploaded Form 16 and believe TAN details for employer was auto populated. However I got intimation 143 for ITR so i checked thoroughly and found that TAN is not correct as per form 16 and Form 26AS. I tried filing rectification request once with mismatch in tax credit but again got demand for those TDS. Can you tell me what can be done? Can we correct TAN with Rectification request? Can we visit IT office if required for it? Please suggest.

Thanks and regards,
Piyush


Laxmikant
30 August 2021 at 14:26

Account Opeing problem

Our proprietorship company and last ten years our bank account in "A "bank We have takne load agaisnt properity from bank "B". Now as per RBI instrucation A bank stopped our transcation and tell to open bank account in "B" bank. We ahve already submitted alll relevent documents for opening bank account to "B" Bank. " B' Bank. In meanwhile we have enquiry for loan in other financial institute but load not taken,but same appered in our CBIL. So "B" bank raise query hence matter is pending. Now our business completely stopped.
my query the matter is taken in RBI Governer or Finance Minister.
L.D.Dharmadhikari


Anshuman Basu
30 August 2021 at 14:33

ITC Calim

ITC Claim FY 20-21 ITC Other Inward Supply (RCM) Total ITC
April to March 2021 ( 20-21) 15,00,000.00 73,000.00 15,73,000.00
April 2021 (20-21) 560.00 - 560.00
Total ( 20-21) 15,00,560.00 73,000.00 15,73,560.00
ITC Revised FY 20-21
April 2021 (20-21) 8,700.00 - 8,700.00
Total ( 20-21) 8,700.00 - 8,700.00

Net ITC Claim in FY 20-21 14,91,860.00 73,000.00 15,64,860.00

in GSTR8A Show 14,91,860.00 14,91,860.00

Difference 73,000.00

the Above Scenario please help which figure we put in GSTR9 in column wise


sachin Alwadhi

Kindly guide client having Gst no for commission agent in mandi having turnover Rs 57 lakh for sales and purchases and generating Commission with 5%..In income tax return we need to show the annual turnover 57 lakh or not ? or Just need to show only 5% income and with 5% income which is less than 8% rate .44 AB is applicable or not.Kindly guide properly.


Shashikumar Hp
30 August 2021 at 13:22

TDS on Reimbursement of License Fees

Dear Sir,
We have a license and license given to the operator to run. Operator is reimbursing the license fees and also paying the rental amount for the place and equipment installed in the premises. 

Every month we pay license amount to govt to take license, same will be reimbursed by operator, we also remit GST on RCM basis and collecting from operator.
Operator is deducting the TDS on the rental amount.
Please advise license fees reimbursement will attract TDS or Not?
Regards,
Shashi


Srija
30 August 2021 at 13:22

CA Transfer after 1st year

Dear Sir/Ma'am

I want to persue CA industrial training ,for that I need to fill Form 109,in that in documents to be uploaded ,on what all documents ,we need sign from principal.