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TDS on Lab Investigation

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(Querist)
22 December 2009 If lab Investigations of Hospital (A) is done by another Hospital (B) and for which Hospital (A) pays investigation charges to Hosp (B) , under what section shd Hosp A deduct TDS ? is it under 194C ( There is no contractual agreement between the 2 hospitals and billing is done on " per patient basis " ? or under 194J as lab investigation procedures require professional expertise ?

Also if there exists any agreement b/w the 2 Hospitals , shd 194C be applied in lieu of 194J ?
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Ram Avtar Singh

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Ram Avtar Singh (Expert)
22 December 2009 TDS to be deduct under section 194J @10%
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ANIL JANGID

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ANIL JANGID (Expert)
22 December 2009 agree
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Murtaza I Bhagat

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Murtaza I Bhagat (Expert)
22 December 2009 me too agree.
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Praveen CP

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Praveen CP (Querist)
22 December 2009 Thank you so much
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Barun Kumar Ghosh

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Barun Kumar Ghosh (Expert)
23 December 2009 It is immaterial whether there exists any contract or not.Diagonostic investigation is a part of medical profession.Hence it will attract section 194J only.
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Sandeep Diwan

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Sandeep Diwan (Expert)
23 December 2009 agree
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