TDS Certificate issued to freelancer relevant for determining Employer employee relationship: Delhi HC

TDS Certificate issued to freelancer relevant for determining Employer employee relationship: Delhi HC

Delhi High Court in Kaushal Kishor Singh vs. M/S Sita Kuoni World Travel India Ltd. W.P.(C) 11631/2018, while placing reliance on documents such as Form 16A and experience letter issued by the management to the petitioner held that the petitioner cannot claim the existence of employer – employee relationship as Form 16A reflects that tax deducted by the management under the ‘head of payments made to contractors and sub-contractors’ and the experience letter issued by the management reflects that the petitioner was working as a freelance German speaking guide on assignment basis. The Court further noted that the said petitioner worked as a guide on assignment basis and was neither given any promotion and / or bonus, nor was he covered under statutory enactments dealing with employee state insurance and provident fund, etc.

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