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TDS on consultancy

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(Querist)
23 March 2009 I need a clarification. a company is paying Rs. 1 Lac as surgery fees to a private hospital for treating one of its employee who met with an accident while working in factory. While making payment to hospital, should we deduct TDS on surgery fees.
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HUZAIFA HUSSAIN

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HUZAIFA HUSSAIN (Expert)
23 March 2009 YES
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Tushar Yerawar

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Tushar Yerawar (Expert)
23 March 2009 Yes. TDS needs to be deducted u/s 194J as this is a professional fees.

Also, there may be a case where hospital will not agree for the TDS hence the employer can make a payment to employee on presentation of bill from hospital as reimbursement and employee can make a payment to hospital in which case employee is not lioable to deduct the TDS.
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CA Nitin Wadhwani

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CA Nitin Wadhwani (Expert)
24 March 2009 Yes.
Option given by Mr.Tarun is valid.
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