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Income Tax

TDS Under Section 194J Upheld for Coaching Institute Faculty

Case Law Details

Case Name
Brilliant Study Centre Private Limited Vs ITO (TDS) (ITAT Cochin)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2023-24
Advertisement Brilliant Study Centre Private Limited Vs ITO (TDS) (ITAT Cochin) The ITAT Cochin held that payments made by a coaching institute to faculty members engaged for imparting coaching in competitive examinations were liable for tax deduction under Section 194J as professional fees and not under Section 192 as salary. The Tribunal observed that although the institute exercised administrative control over attendance, working hours, leave, and exclusivity, such supervision was necessary for efficient management and did not establish an employer-employee relationship. The faculty memb...
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Author Info

CA Ajay Kumar Agrawal
Qualification: CA in Practice
Company: AJAY K AGRAWAL AND ASSOCIATES
Location: NEW DELHI, Delhi
Articles Published: 273

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