If a company is calculating TDS for a contractor who qualifies for Section 44 ADA, should one check the tax slab after applying the allowed deduction of 50%? Background -- We need to pay professional fee to a Doctor who is eligible for presumptive taxation under Section 44 ADA. The contract is in the nature of Employer-Employee relationship because there are several restrictions on the Doctor's ability to work elsewhere. This means that TDS should be calculated under Section 192. (https://taxguru.in/income-tax/payment-independent-consultants-liable-deduction-194j-192.html )
04 July 2023
If you are giving him salary and going to deduct TDS u/s. 192, in that case no need to calculate 50% amount. TDS u/s. 192 is deducted based on slab rate.
CAclubindia
