Income from Salary

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

10 December 2010 A person after retirement doing work in the same public sector companies as a engineer and company paying him fixed amount of rs 80000 pm and no pf and other amount are deducted regarding his income he has given form 16 for his income

i m asking from company prospective that if he is covered under employee employee relation ship then pf is to be deducted or if not then tds is to be deducted as a professional u/s 194j.

1. i want to know whether he is covered under employer employee relationship ?
or
2. or if not then he is covered like he is provide retainer-ship service to the company and tds u/s 194j is to be deducted or form 16(1) is to be given in place of form 16?

J.KARTHICK

J.KARTHICK (Expert)

10 December 2010 1. It depends on the contract between the Company & the person ... that is to be checked first ..

2. Definitely there will be an new agreement for continuing the service to the company after retirement .

3. If that persons name is still in the Payroll , then the company has to deduct TDS u/s 192 .

Murtaza I Bhagat

Murtaza I Bhagat (Expert)

11 December 2010 agreed to expert,
dear anonymous,
you need to first check you terms between you and your company.deduction is to be needed in both of conditions as per rules.

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