Non deduction of incometax by employer

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

09 October 2011 I have been serving as an advisor to a forum of private college managements for the past 10 years. As part of the understanding I was to be paid Rs 15000/- every month which included reimbursment of conveyance expenses, lunch expenses to the extent of Rs 6000/-. The forum has been paying me the advisory fees in cash every month without deducting income tax for the past many years. Is the forum liable or am I liable for the omissionof the forum to deduct income tax at source. No form 16 was issued since no tax was deducted. What if any is the remedy now ?

U S Sharma

U S Sharma (Expert)
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09 October 2011 they might have paid you under contract for professional services, ( here the employer / employee relation does not exist), check for statuary deductions of PT/ESI/PF for establishment of "employment".

income so earned would be your professional income, and you should file your return by own.