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2016 (1) TMI 617

Head Note:
TDS u/s 194J - non deduction of tds - whether the remuneration paid to the director Mr. K. S. Kalyansundaram is liable to be taxed in view of provision contended u/s. 192(1) or is liable to be taxed in view of the provision contended in section 194J ? - Held that:- In view of the terms and conditions of the contract of Mr. K. S. Kalyansundaram, it is apparent that he is not regular employee of the company. There is nothing on record to which it can be assumed that Mr. K. S. Kalyansundaram can be considered as permanent/regular employee of the company. No P.P.F/C.P.F. has been deducted. There is no regular increase of salary. There is no other benefits on record which was being paid to him as regular employee. No doubt, in the said circumstance when Mr. K. S. Kalyansundaram has been professionally being paid for his technical services therefore, provisions u/s. 194J would be quite applicable to his case, whereas the provision u/s 192(1) along with interest u/s. 201(1)/201(1A) are not applicable in the case of the assessee. - Decided in favour of assessee

 


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