Tds on payment of professional fees through gift cards

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Hello,

I need clarification in the following topic.

A diagnostic centre x is paying to doctors as professional charges  in the form of gift cards. if the agregate amount exceeds 30000 will it attract TDS under 194J?

Thanks in advance.

Replies (1)

The CBDT has issued circular No. 5/2012 [F. No. 225/142/2012-ITA.II], dated 1-8-2012. This instructs that freebies provided by pharmaceutical companies, diagnostic centers, and others in medical business to doctors is illegal (in popular terms - bribes) and not allowable in hands of provider but is taxable in hands of recipients as income.

As such no TDS is applicable over Gift, but AO may levy penalty if accounted as professional charges.

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