I have a query regarding being paid under section 194JB, and it's categorized under non-salary. There is no PF account associated with this payment. I am curious if this situation could be considered as dual employment since I was working full-time during that period.
From India, Chennai
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From India, Chennai
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Understanding Moonlighting and Dual Employment
It may be treated as moonlighting, but whether it will prevent you from your main engagement or employment will depend upon the manner in which you have carried out the same. Normally, while in employment with an establishment, you are not expected to have any business for profits. Business for profits means any activity from which you will gain any income, gain, or remuneration. If it is proven that you were working for any other organization as an employee, consultant, or in any other capacity for any form of compensation, the same can be questioned by your employer. It is immaterial whether the TDS is deducted as per 192 or 194J or PF is deducted or not. Working for compensation is considered moonlighting.
From India, Kannur
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4526It may be treated as moonlighting, but whether it will prevent you from your main engagement or employment will depend upon the manner in which you have carried out the same. Normally, while in employment with an establishment, you are not expected to have any business for profits. Business for profits means any activity from which you will gain any income, gain, or remuneration. If it is proven that you were working for any other organization as an employee, consultant, or in any other capacity for any form of compensation, the same can be questioned by your employer. It is immaterial whether the TDS is deducted as per 192 or 194J or PF is deducted or not. Working for compensation is considered moonlighting.
From India, Kannur
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Circular No 1-2018 Processing of income-tax returns under section 143(1) of the Income-tax Act .pdf