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Issue ID: 113837
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Service Tax applicability on doctors

Date 09 Jun 2018
Replies 4 Replies
Views 15250 Views
Health care service exemption shields clinical medical services from service tax; consultancy to pharmaceutical companies remains queried.
Health care services by a clinical establishment, an authorised medical practitioner or para-medics are exempt from service tax under the cited Mega Exemption Notification, applying to treating doctors providing medical services to third parties; commentators recall a prior regime of non-liability. Separately, the question whether consultancy services rendered by a doctor to pharmaceutical companies (where recipients deduct tax at source under professional-service rules) constitute taxable services is posed for clarification. (AI Summary)

A Doctor who is prop. of an hospital provides services to various hotels, Insurance companies, Hospitals, pharmaceuticals companies, societies on which TDS has been deducted by said services recipients under section 194J. Will service tax be applicable on him ??

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Replied on Jun 9, 2018
1.

Sir,

As per Sl. No. 2 (i) of Mega Exemption Notification 25/2012-ST dated 20-6-2012 as amended " Health care services by a clinical establishment, an authorised medical practitioner or para-medics is exempted.

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Replied on Jun 9, 2018
2.

Yes, there was no service tax in earlier Tax Regime.

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Replied on Jun 9, 2018
3.

I endorse the views of experts.

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Replied on Jun 11, 2018
4.

Another query: If some other doctor gives consultancy services to various pharmaceutical companies, and these companies deduct TDS under section 194J, will service tax be applicable on said income ??

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