Applicability of provisions under Section 194J of Income Tax Act'61 in the case of transactions by the Third Party Administrators (TPAs) with Hospitals etc.
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TDS on professional medical services: TPAs must deduct tax at source when paying hospitals for insured claims. Payments by Third Party Administrators to hospitals for medical services are treated as fees for professional services and therefore subject to withholding under Section 194J; TPAs are liable to deduct tax at source when crediting or paying such amounts. Failure to deduct renders TPAs deemed assessee in default with associated interest and penalty exposure. Recovery proceedings under the deeming provision will not be initiated after six years from the end of the relevant financial year, and tax demands may be waived if the hospital shows tax has been paid supported by an auditor's certificate, though interest and penalty consequences remain until payment.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
TDS on professional medical services: TPAs must deduct tax at source when paying hospitals for insured claims.
Payments by Third Party Administrators to hospitals for medical services are treated as fees for professional services and therefore subject to withholding under Section 194J; TPAs are liable to deduct tax at source when crediting or paying such amounts. Failure to deduct renders TPAs deemed assessee in default with associated interest and penalty exposure. Recovery proceedings under the deeming provision will not be initiated after six years from the end of the relevant financial year, and tax demands may be waived if the hospital shows tax has been paid supported by an auditor's certificate, though interest and penalty consequences remain until payment.
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