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Clause 16<br />

(a) Any sum paid to an employee as bonus or commission for<br />

services rendered, where such sum was otherwise payable<br />

to him as profits or dividend. [Section 36(1)(ii)].<br />

This provision is intended to check private companies from<br />

avoiding tax by distributing its profits to the shareholders in the<br />

guise of salary or to other remuneration by merely showing<br />

them as employees<br />

Bonafide payment to a shareholder for services actually<br />

rendered would be allowed<br />

When any shareholder is paid any salary, his employment<br />

contract, nature of services actually rendered be verified<br />

KALYANIWALLA & MISTRY

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