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TDS as per Sec 194J

(Querist) 18 April 2009 This query is : Resolved 
Dear sir,

our's is a private trust governed & registerd under the Indian trust Act.

we train for the student of MBA & pgdm of iase university.

We make payment to Teaching staff based on the number of sessions handled during the month at the agreed rates fixed by the management.

Any of payment made to the individual does not exceeds Rs. 10 lacs. even then the organisation is deducting the TDS @ 11.33%. But actually it is only @10.30%.

Unnecessarily they are deducting the excess tds from the teaching staff.

Pls clarify whether what the organisation is doing is correct or not.

with regards,

R. Gurucharan.
A V Vishal (Expert) 18 April 2009
Since the organisation cannot ascertain the details of the net income of the contract faculty, they seem to deduct tax at 11.33%, since the faculty is on contract they must be doing the same kind of job elsewhere also, in any case there should be no problem if you are filing your returns promptly, since you have the option of claiming back the refund.
A V Vishal (Expert) 30 April 2009
No other views?



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