Please Help: TDS U/s 194C/194J
Posted Date : 26-Jan-2012 , 11:34:22 am | Posted By: CA NITIN PORWAL
Category :
Income Tax | Answers :
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Comments :
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In a hospital industry (company)
1)Whether Annual maintenance contract(Inc material/not including material)AMC/CMC of medical equipments with the vendor company like Philips etc are covered u/s 194C or 194J.
2)Whether pathological Test outsourced i.e samples of patients given to outside agency are covered u/s 194C or 194J. |
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Answers:
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 Answer by: Lavina Bajaj |
| as per my knowledge the answer to your first ques should be 194c reason being there is a contract between them should fall under contractor services.
answer to second ques should be 194J reason being pathological test are being perfoirmed by the professional bodies and not normal humans.. so wil form under 194J.
hope its clear..
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| Answer by: Ashish Karundia |
| Dear Nitin,
The payment for annual maintenance contract will attract TDS under 194C (Ref: question no. 28 and 29 of circular no. 715 dated 8-8-1995). Further, payments for testing samples of patients will attract TDS under 194J (Ref: question no. 26 of circular no. 715 dated 8-8-1995).
Hope the above suffice.
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| Answer by: Rambabu Senkarasetti |
| I agree with above answer.
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| Comments |
| Posted By : CA NITIN PORWAL |
01-Feb-2012, 05:59:22 |
| Thanks Lavina & Ashish
In case of AMC the services are being given by technical persons employed by these companies like philips, still it will fall u/s 194C.
Thanks in advance |
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