Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Faculty payments were held to fall under a contract for service, not a contract of service, so the recipients were independent professionals rather than employees. Administrative controls such as working hours, attendance requirements, restrictions on outside teaching, and curriculum-based supervision were treated as functional measures and not conclusive proof of an employer-employee relationship. The Tribunal also noted that the faculty were paid professional fees with a variable lecture-based component, received no employment benefits, had no written employment contract, and had reported the receipts as professional income under section 44ADA. TDS under section 194J was therefore correctly deducted, and the assessee could not be treated as in default under sections 201(1) and 201(1A); those orders were quashed.
Faculty payments were held to fall under a contract for service, not a contract of service, so the recipients were independent professionals rather than employees. Administrative controls such as working hours, attendance requirements, restrictions on outside teaching, and curriculum-based supervision were treated as functional measures and not conclusive proof of an employer-employee relationship. The Tribunal also noted that the faculty were paid professional fees with a variable lecture-based component, received no employment benefits, had no written employment contract, and had reported the receipts as professional income under section 44ADA. TDS under section 194J was therefore correctly deducted, and the assessee could not be treated as in default under sections 201(1) and 201(1A); those orders were quashed.
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