Archive · 25 Jul 2026

ITAT Rules Attendance Doesn't Make Teachers Employees

ITAT Rules Attendance Doesn't Make Teachers Employees

A coaching institute in Kerala won a tax case against the Income Tax Department.

The department wanted to charge the institute ₹9.48 lakh because it thought the teachers were employees.

The teachers had fixed working hours and had to follow attendance rules.

But the ITAT said that just because teachers follow some rules doesn't make them employees.

The teachers were free to teach in their own way and didn't get benefits like provident fund or gratuity.

The ITAT also noted that the tax department had accepted the teachers' income as professional income, not salary.

So, the institute didn't have to pay the extra tax.

Sources