A question on reimbursement & Section 195

Hello everybody.

I have a query. My friend is organizing a music concert in Mumbai. So he has invited  certain international bands to perform at the concert. The contract is such that the organisers will only handle the band members airline ticket and also pay their boarding & food costs here in the nature of reimbursement. There will be no performance fees involved. So the expenses as such as just reimbursement of the band's cost and their actual cost of performance will be "NIL". So section 195 will not be attracted right?

Secondly, does it make a difference if the organisers book the ticket themselves first and send it to the band members? Will that be an issue? As the actual contract is just for reimbursement of expenses. Sending the money across the country might be troublesome so can this way of directly booking tickets on behalf of the band members be safe for them?

Replies (2)

AS PER 2(24) DEFINATION OF INCOME REIMBURSMENTS ARE SPECIFICALLY EXCLUDED FROM DEFINATION OF INCOME THIS REIMBURSMENTS ARE TAXABLE ON UNDER 17(2) WHERE EMPLOYER EMPLOYEE RELATIONSHIP MUST EXSIST . SO IN THIS CASE IT WILL NOT BE TREATED AS INCOME AND NOT LIABLE TO TDS UNDER 195

It will not attract Sec 195 in both the conditions given

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