Tds on salary

This query is : Resolved 

29 August 2019 Dear Sir/Mam,

One of my client is having only 3 staff in his office. He gives salary to one of his staff as Rs. 75,000/- per month and doesn't deduct any tds since he don't have TAN number. Is there any way to show this amount in the books in such a way so that he can escape the TDS compliance.

The only reason he don't want to take TAN number as he doesn't have many employees.

Regards,
Divyesh Jain

30 August 2019 No way take TAN simple process deduct TDS.

30 August 2019 is your client under tax audit?


30 August 2019 Salary TDS tax audit condition not applicable

30 August 2019 Dear Sir,

Salary amount is exceeding the exemption limit. Is there any other expense apart from Salary which can be given to employee so that salary amount expense can be reduced.

02 September 2019 what is the position of tax audit?

02 September 2019 what is the position of tax audit?

02 September 2019 He is not under tax audit


02 September 2019 Check if it can fit well under section 194 J
Fees for professional or technical services.
194J. (1) Any person, not being an individual or a Hindu undivided family, who is responsible for paying to a resident any sum by way of—
(a) fees for professional services, or
(b) fees for technical services, or
(ba) any remuneration or fees or commission by whatever name called, other than those on which tax is deductible under section 192, to a director of a company, or
(c) royalty, or
(d) any sum referred to in clause (va) of section 28,

02 September 2019 Yes, my client can give part of the salary amount to the employee as Professional fees. But the TDS deduction limit for 194J is 30,000/-. So he cannot give professional charges in excess to that and the total salary of the employee is 75,000/-.
Still 45,000/- remains, which means on 45,000/- my client has to deduct tds as salary goes above exemption limit.

02 September 2019 please....
Provided further that an individual or a Hindu undivided family, whose total sales, gross receipts or turnover from the business or profession carried on by him exceed the monetary limits specified under clause (a) or clause (b) of section 44AB during the financial year immediately preceding the financial year in which such sum by way of fees for professional services or technical services is credited or paid, shall be liable to deduct income-tax under this section :

02 September 2019 yours is NOT tax audit case. Right?


02 September 2019 Yes, there is no tax audit

02 September 2019 so for 194 J, TDS provisions are not applicable

02 September 2019 Ok, Thanks a lot sir


02 September 2019 you are most welcome............



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