bujjulu (e-TDS + IT return filer Hyderabad) (727 Points)
31 July 2013One of my client is a Govt. employee + a TV Artist . While paying the remuneration the proucer deducts TDS gives form `16A.
Now which ITR I should use to file his return. In the previous year I used ITR 1 and filed. He did not get refund till date.
Hence I want to confirm whether it is beause of using improper form he did not get his refund.
Yogesh Shah
(Managing Corporate Finance)
(1051 Points)
Replied 31 July 2013
Hi Bujjulu,
If you refer the case - CIT vs Durga Khote
If person enters into a contract with several film companies for acting in films at a remuneration fixed in each contract, then this income is from profession and not from salary.
If this is the case, then you cannot treat this income as salary income. If person has income from business / profession, then file ITR 4 / ITR 4S.
In respect of refund, I guess you have filed ITR 1 physically. In case of e-filing, refund is generally received by assessee within 3 / 4 months. However, if you have e-filed ITR 1 last year and still you have not got refund, then you must have got some communication from CPC. Otherwise, ask concerned AO directly.
Mihir
(Wealth Manager)
(5293 Points)
Replied 31 July 2013
TDS certificate 16A is not given to employees. The earning from a producer for TV acting is income from profession. ITR-1 will not apply. File ITR-4.
CA Deepesh Ruhela
(Keen to Learn)
(3271 Points)
Replied 31 July 2013
manoj
(student)
(5205 Points)
Replied 01 August 2013
ITR 4 ONLY U HAVE TO FILE AND FOR REFUND CONTACT U R AO
Live class on PF & ESI Enrollment & Returns Filing(with recording)
CAclubindia
