CA PUNEET JAIN (CA ) (84 Points)
08 October 2012DEAR MEMBERS
I HAVE A QUERY
ONE OF MY CLIENT ( MARKETING HEAD ) RECIEVING SALARY FROM ABC COMPANY AND HE IS ALSO GETTING COMMISION ON SALE FROM THE SAME COMPANY
NW MY QUERY IS THAT
CAN HE RECIEVE THE SALARY FROM THE COMPANY IN HIS OWN NAME AND RECIEVE THE COMMISSON ON SALE IN THE NAHE OF HIS HUF
IN THAT WAY HE CAN GET THE BENEFIT OF LOWER TAX SLAB BENEFIT
KINDLY ADVISE ME WHETHER DIS IS CORRECT OR IT HAS SOME LEGAL COMPLICATIONS
THANKS
CA PUNEET JAIN
9041260238
Srikanth M S
(finalist)
(88 Points)
Replied 09 October 2012
Dear Puneet Sir,
As per my opinion the commission income in this case will usuallly be given when there is a case of sales performed in a way reqd by the company, either excess of the limits are been met or when then it is the normal commision for meeting the limits... As the person is Marketing head... In either of the cases it is the part and parcel of his Salary.. The same cannot be diverted...
There may be alot of complications, as it will be difficult to prove that the HUF is reason for such commission or The HUF has performed the sale and thus commission being paid to it...
If you have sufficient evidence for the above u can do it..
Its just my opinion pls correct me if im wrong anywhere....
Regards,
Srikanth.M.S
Live class on PF & ESI Enrollment & Returns Filing(with recording)
CAclubindia
