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.
Circular No. 8/2009, dated
24-11-2009
A number of
representations have been received from various stakeholders regarding
applicability of provisions under Section 194J of Income Tax Act'61 on payments
made by Third Party Administrators (TPAs) to hospitals on behalf of insurance
companies for settling medical/insurance claims etc with the hospitals.
2. The matter was examined by the Board.
As per provisions of section 194J (1) 'Any person, not being an individual or a
Hindu undivided family, who is responsible for paying to a resident any sum by
way of-
(a)
fees for professional services, or
(b)
fees for technical services, [or] 1
(c)
royalty, or
(d)
any sum referred to in clause (va) of section 28,]
shall, at the time of
credit of such sum to the account of the payee or at the time of payment
thereof in cash or by issue of a. cheque or draft or by any other mode,
whichever is earlier, deduct an amount equal to ten per cent of such sum as
income-tax on income comprised therein...". Further as per Explanation (a)
to 194J "professional services " means services rendered by a
person in the course of carrying on legal, medical, engineering or
architectural profession etc..'.
3. The services rendered by hospitals to
various patients arc primarily medical services and, therefore, provisions of
194J are applicable on payments made by TPAs to hospitals"1etc. Further
for invoking provisions of 194J, there is no stipulation that the professional
services have to be necessarily rendered to the person who makes payment to
hospital. Therefore TPAs who are making payment on behalf of insurance
companies to hospitals for settlement of medical/insurance claims etc under
various schemes including Cashless schemes are liable to deduct tax at source
under section 194J on all such payments to hospitals etc.
3.1. In view of above,
all such past transactions between TPAs and hospitals fall within provisions of
Section 194J and consequence of failure to deduct tax or after deducting tax
failure to pay on all such
transactions would make the deductor (TPAs) deemed to be an assessee in default
in respect of such tax and also liable for charging of interest
under Section 201 (1A) and penalty under Section 271C.
4. Considering the
facts and circumstances of the class of cases of TPAs and insurance companies, the Board has decided that
no proceedings u/s 201 may be initiated after the expiry of six years
from the end of financial year in which such payment have been made without
deducting tax at source etc by the TPAs. The Board is also of the view that tax
demand arising out of Section 201(1) in situations arising above, may not be
enforced if the deductor(TPA) satisfies the officer in charge of TDS that the
relevant taxes have been paid by the deductee assessee (hospitals etc.). A
certificate from the auditor of the deductee assessee stating that the tax and interest due from deductee assessee has been
paid for the assessment year
concerned would be sufficient compliance for the above purpose. However, this will not alter the liability
to charge interest under Section 201 (1 A) of the Income Tax Act till
payment of taxes by the deductee assessee or liability for penalty under
Section 271C of the Income Tax Act as the case may be.
5.
The contents of the circular may be brought to the notice of officers and
officials working under you for strict compliance.