Sir,
My friend is advocate since 2007, but still now he is on practice under high court. The question is, he got profession tax notice from PT department saying that he have to pay 2500 p.a. every year. now they are forcing him to pay 12500 for 5 years till now. (2007-2012)
So it is necessary for him to pay profession tax for 5 years. bcoz he is getting salary not more than 5000 p.m.
please tell me soon that what should he do???
visit the PT office ans clear their doubts, may be they have issued the notice in misunderstanding.
he went their but they are saying it is compulsory to pay .
as he is getting salary, so PT is already deducted from with his employer, he has to produce those documents and PT will drop their proceedings.
but the employer not deducted any PT. and they always give salary in cash not cheque. The employer dont have any document regarding PT. I think PT department got all passing list of Advocates Registration Number in 2007 and they are trying to get something which ever is possible.
then get a certificate from employer about the salary and to the extent that the person is employee of him, this will solve the matter.
you need a basic documentary support that you are not freelancer advocate, but employed at some place. PT deducted or not is the matter of employer.
For professional it is compulsary to pay Profession Tax even if it is not deducted from the salary and even if the salary slab doesnot require the deduction thereof.
However, the department cant demand PT for 5 years at a go. At the max the department can demand for 3 years. So, you need to pay PT for 3 years. i.e. 2010-2011, 2009-2010, 2008-2009. No need to pay PT before this.
advocates have first 2 years relief in P.T payment. refer case no.PTQ-1178/Adm-5/39/B-3
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