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Issue ID: 110282
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TDS Question / If I am Liable to Pay TDS @5,000 P.M.?

Date 01 May 2016
Replies 7 Replies
Views 1781 Views
Asked by
Salary and profit share taxation: employer may deduct TDS; file appropriate ITR to claim any refund entitlement.
Salary and profit share payments to an employee are taxable in the employee's hands and may be subject to Tax Deducted at Source by the employer. Selection of the appropriate income tax return form depends on the composition of the employee's total income; the taxpayer may file a return to reconcile actual liability and claim refund of any excess TDS withheld. Procedural details on e filing and form availability should be checked with the tax authority's official resources. (AI Summary)

My Employer plans to deduct ₹ 5000 (at 10%) on Total Profit + Base Salary. Please find the details below:

Company Balance:

225,000 + Taxes Client1 = 257,000

250,000 All inclusive Client2
40,000 + taxes Client3 = 44,000
Total :- 551,000
Company Deductions for Profit Sharing:
TDS 10% : 55,000
Service Tax 14% : 77,000 (Approx)
Cess : 2750 (Approx)
Me (Base Salary: 40,000
Gagan : 45,000
Vishwesh : 28,000
Rakesh : 30,000
Ritesh : 80,000
New Laptop for Shailesh : 50,000 (Approx)
Server : 10,000
Mainak : 25,000 (Approx, to be decided)
Misc Expenses 8,000
Balance Profits : 100,000
My 10% Share = 10,000
Total Payable to Me = 50,000 (Base Salary + 10% of Profit)
Now over this balance as well, my employer asks:
  1. The company shall deduct 10% of 50, 000
  2. The company shall deduct PT

Which basically means I would get Balance Amount - TDS + PT = Actual Revenue per month = 50, 000 - (5000 + 200) = 44, 800 INR

My Question is:

  1. On Profits, Company TDS was already calculated, 10% of overall should be again calculated?
  2. Which ITR form return should I e-fill?

Kindly let me know the details.

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