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TDS on Payment to Health Care staff ( Nurse) u/s 194J

This query is : Resolved 

28 April 2022 One of my clients is operating online Health care Service, where we Acts as platform between patients and Nurses.
Structure of Operations:
Patient Books a Service through our Application, to which Nurse in Nearby Area Accept request and Render them Service visiting Patient's Home.

Here Nursing Staff are not our Employees, they just Accept offer from Patient if they are interested to Perform service.
Qualification of Nursing Staff : 10th pass/ fail to MSC Nursing.

Considering Above facts, Should we Make TDS u/s 194J ( Medical Professionals).

Please Provide me Alternatives Available for not make TDS @10%.

Can i go for AAR, i am i Eligible for that ? ours is a Startup company not started operations widely yet.


28 April 2022 This will fall under e commerce operator.

E-Commerce operators should deduct TDS @1% at the time of credit of the amount of sale of goods, services, or both to the account of an e-commerce participant or at the time of making payment to an e-Commerce participant by any other mode, whichever is earlier.

13 May 2022 Thank soo much for your Valuable Response sir, it's Definitely useful for us . But, Provision says to Make TDS when Value of Goods/Services supplied exceeds 5Lakh in a Financial Year in case of Individual/ HUF. but in our company payment to Nurse in FY will not amount to 5,00,000.
can i Deduct TDS u/s 194o @ 1% ?

13 May 2022 No TDS applicable in such a case.

13 May 2022 So you mean No TDS under section 195O, but TDS applicable u/s 194J ?
What if we make TDS u/s 194O even Limit not exceeds 5Lakh ?

14 May 2022 194J not applicable as you are E commerce operator.
Not a problem.

14 May 2022 Ok sir , Thank you so much


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