Does a person need to pay income tax on fees received from students from tuition centre on which he paid service tax already
9 Replies
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(177896 Points)
Replied 01 May 2017
Yes, if total income during the year exceeds basic exemption limit!!
Mopidevi Bharadwaja
(Article assisstant)
(167 Points)
Replied 02 May 2017
How do you say that there exist employer employee relationship between employer and employee.I mean what are the basic conditions or situations to say that there exists Employer employee relationship
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(177896 Points)
Replied 02 May 2017
Different acts or codes have defined the relationship in different aspects, but most common:
Elements of an employer-employee relationship are:
(1) selection and engagement of the employee;
(2) payment of wages;
(3) power of dismissal; and
(4) employers own power to control employees conduct.
Control of the employees conduct is commonly regarded as the most crucial and determinative indicator of the presence or absence of an employer-employee relationship.
In financial terms most effective parameter is TDS u/s. 192!!
Mopidevi Bharadwaja
(Article assisstant)
(167 Points)
Replied 02 May 2017
Thank you sir for your pleasing reply.
But if there is a contract between a company and a professional to provide services for the company for certain period say 2 years and all the above said conditions are satisfied then whether Employer employee relationship exists in this situation.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(177896 Points)
Replied 02 May 2017
As per labour and employment laws : Yes, but to be established through court.
As per IT act: because of TDS u/s. 194J :::::::::: No.
Mopidevi Bharadwaja
(Article assisstant)
(167 Points)
Replied 02 May 2017
Completly clarified . thank u sir
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