Charging of professional fee

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  1. Sir,
    I have recently joined a law firm as an associate. My employer is deducting TDS of 10% on gross salary. My question is that I am employed for full term basis and the employer is giving me salary as retainership fee. If I am employed on full term basis with monthly fixed package, then why TDS of 10% is being deducted on my monthly salary. It should be treated as a salary and not professional fee and the TDS should be fixed as per section 192 and not as per 194J. I dont understand this situation where I have been treated as professional and not as a employee. So far I have not been given letter of appointment by the employer. What should be my status for TDS deduction.
     
  2. Sudipto123

    Sudipto123 New Member

    There should be an employer-employee relationship.

    Maybe, your employer is treating you as a contract employee and therefore TDS is being deducted @ 10%. You should have a word with the HR that are you a contract employee or a permanent employee
     
  3. Thanks you Sir. I will certainly ask my HR on the issue but does it make any difference.
     
  4. Please also explain is there any exemption limit of Rs 30,000/- pm for professionals and what are the other exemptions we can have to recover our TDS while filing income tax return.
     
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