Interesting Query during week among TD groups relating to TAX Filing

Query - 01.


I have one client whose Income is consist of Salary for first Quarter.

Whereas throughout the year his rest income was from the income form other sources 

However in Q.4 he had delivered some professional services and his tds was deducted u/s 194JB for the same and that income forms 20% of his total income.

So, I would like to confirm whether he should file form ITR -3, or ITR -4 ??

Your valuable inputs and suggestions would be highly appreciated.



Query - 02.


Partner of a partnership firm is on payroll of the firm and drawing fixed salary of Rs. 2,50,000 p.m. He is also paying PT on the same. 

- TDS is not applicable because there is no employer employee relationship! Hence no TDS under sec 192.

still do we need to deduct tds 194J since he is drawing a fixed payment of 250000 p.m ?


Share your views in comments section below


Comments

  1. AnonymousJune 9, 2022 at 6:11 PM

    2. TDS not required to deduct whatever paid to partner bonus/ commission/ salary as the they fall under definition of "Remuneration" which taken cared by section 40b by fixing thresholds. ICAI also mentions it's gudeline that there is no need to deduct TDS for commission paid to partner u/s 194 H

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