Deduction to doctors in respect of cut fees

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amol santre (Querist)
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13 June 2012 The doctor pays to other doctors a commission for reference given by that doctor.i want to know under which section it is deductible.the relevant case law if available.

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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14 June 2012 Section 37(1) of the Income Tax Act.

amol santre

amol santre (Querist)
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13 July 2012 Sir relevant case law if any

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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13 July 2012 There is no need for a case law.

Section 37(1) is a general section that provides for deduction of expenditure incurred WHOLLY AND EXCLUSIVELY for business.

It should not be a capital expenditure.

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amol santre

amol santre (Querist)
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16 July 2012 sir
Should it b treated as professional fees? and provisions on section 194j will b attracted?

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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17 July 2012 Yes you should treat it as professional fees and deduct TDS u/s 194J.

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