Farzan
Student
[ Scorecard : 57]
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Posted On 03 January 2008 at 11:30
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I'm working in a mid-sized firm, as far as i know our articleship stipend (C.A.) is exempt from any and all taxes. However, my firm is deducting professional tax from my stipend. Please let me know under which Act and which clause is the stipend exempt. Thanks
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Amit Sharma
article
[ Scorecard : 2628]
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Posted On 03 January 2008 at 11:58
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Whether the stipend paid to trainee is taxable if taxable under which section or head of income...
Stipend may be taxable or may not be taxable based on the fact of the case.
First visit the scope of total income which is defined in section 5 of the Act. It says "5. (1) Subject to the provisions of this Act, the total income of any previous year of a person who is a resident includes all income from whatever source derived which
(a) is received or is deemed to be received in India in such year by or on behalf of such person ; or
(b) accrues or arises or is deemed to accrue or arise to him in India during such year ; or
(c) accrues or arises to him outside India during such year "
Thus all receipts are taxable unless exempt expressly under the I T Act. Stipend is not expressly exmept under the Act. Thus Stipend is certainly taxable income if it is purely being given in form of cost of living or as wages or salary or for any purpose but studies .
However, if the Stipend granted is for furthering education or gaining knowledge , same can be claimed exempt u/s 10[16] of the I T act . In this regard the decision of the Karnataka High Court in A. Ratnakar v. Addl. CIT [1981] 128 ITR 527 can be applied.This was also followed by Tribunal in case of Income-tax Officer v. Dr. G.N. Ramachandran [1 ITD 902]
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Venkatesh Rao
Service
[ Scorecard : 135]
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Posted On 03 January 2008 at 13:59
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Dear Amit,
Farzan's query is with regard to deduction of Profession Tax(PT) you have narrated him about I.Tax.
Dear Farzan, PT is a state Act
The PT deduction shall take place if an individual is working in a state which PT law is enacted deduction is applicable for all salary class people and Professional individuals as per the slab applicable.There is no exemption in your case for PT deduction.
Rgds
Venkatesh Rao
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Sanjay Dugar
Chartered Accountant
[ Scorecard : 182]
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Posted On 03 January 2008 at 16:13
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Dear all
kindly refer to the case law sudhir Kr sharma v/s ITO in the jipur bench of ITAT in may 1983. in this case the stripend has been expresely excempted from income tax ............if you want the cale law mail me ur email id
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CA. Amit Daga
Finance Controller CA. CS. CFA. CIFRS. M.COM.
[ Scorecard : 8835]
Forum Moderator
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Posted On 02 February 2008 at 09:46
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Hi sanjay mail me the facts of this case laws everything ... my mail id is amitdaga19 @ yahoo.co.in
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(Guest)
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Posted On 18 June 2008 at 15:39
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Hi dear,
I want to read that case law under which the stipend received from CA firm is exempt.
Can you please mail it to me?
Hoping for your reply.
My email id is
dipsca @ gmail.com
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(Guest)
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Posted On 02 July 2008 at 17:39
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PLEASE FORWARD ME THE CASE LAW
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T.S.Mohana Harish
Audit Assistant
[ Scorecard : 163]
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Posted On 03 July 2008 at 12:37
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Dear All,
Please sent me the above case law to my E-Mail ID- harish_ts1984 @ yahoo.com I will be Thank full to All
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(Guest)
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Posted On 07 July 2008 at 12:04
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Dear Sanjay,
Can u pls mail me the case law.
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(Guest)
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Posted On 07 July 2008 at 12:05
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Dear Sanjay,
can u pls mail me the case law. request for ur help
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