We are a private limited company and want to form Employee welfare trust. Please tell us the procedure to be followed, registration formalities, format of trust deed and its bylaws.
Contribution will be made by emploees only which will be deducted from the salary

Interest income from investments in Venture Capital Funds (VCF) The Finance Act, 2012 has amended section 10(23FB) & section 115U of the Income-tax Act, 1961 as a result of which from the FY 2012-13 onwards the VCF (Fund) is eligible for pass through under section 10(23FB) of the Act in respect of any income derived from venture capital investment and the income of the Fund will be chargeable to tax in the hands of its beneficiaries/investors in accordance with the provisions of section 115U of the Act. Let us take the example of a VCF which invests in real estate projects in the form of Non Convertible Debentures (NCD) and for a financial year earns accrued interest of Rs.10,000 for the investor and incurs expenses to the tune of Rs. 2,000 to earn such interest income for the investor. The Fund will obviously distribute only Rs. 8,000 to the investor as and when it receives the interest income. The queries in this regard are follows:- 1. How interest income is taxed in the hands of the investor ? whether on gross basis (ie. Rs.10,000) or net basis after expenses (ie. Rs.10,000 less Rs. 2,000 = Rs.8,000) ? Sec 115U does not make any specific reference to deductibility of expenses. Alternatively can the investor who declares such interest income as ?Income from other sources? in his tax returns claim such expenses as deduction u/s 57 of the Income Tax Act. In the above context it should be noted that the VCF gives annually a statement in prescribed form to the investors, which provides details of proportionate share of interest income due to each investor (Rs.10,000) and also the proportionate share of expenses incurred by the fund to earn the interest income (Rs.2,000). The VCF also files annually Form 64 with the Income Tax authorities in which they only declare the gross income (Rs.10,000 in this example) against the investors PAN number and do not show the expenses. 2. Sec 115U states that the income shall be taxed in the hands of the investor on an accrual basis in each financial year whether or not such income has been paid or credited to their account ? so what happens if the investor has offered the income for tax on accrual basis and a part of this income is not received by him in the later years?

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Is stipend received by doctors undergoing PG courses taxable under income tax act? The following is the case law

Please advise

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Scholarship/ stipend received by a student for pursuing higher studies cannot be treated as salary
SUMMARY OF CASE LAW
Sections 15, 16 and 17 of the Income-tax Act, 1961 nowhere includes scholarship/ stipend which have been mentioned in section 10(16) of the Act; therefore, it can be said that the stipend/scholarship has been specifically precluded from the mischief of sub-clause (1) & (2) of section 17.
CASE LAW DETAILS
Decided by: ITAT, CHANDIGARH BENCH `SME-B’, In The case of: Dr. Rahul Tugnait v.ITO, appeal No. :ITA NO. 197/CHD/2008, Decided on: JUNE 30, 2008
RELEVENT PARAGRAPH
5. Even if this appeal is viewed with angle of section 15 of the Act, which speaks about chargeability of salary. Section 15 of the Act is reproduced- herewith:-
“The following income shall be chargeable to income tax under the head “Salaries”-
a). any salary due from an employer or a former employer to an assessee in the previous year, whether paid or not;
b). any salary paid or allowed to him in the previous year by or on behalf of an employer or a former employer through not due or before it became due to him;
c). any arrears of salary paid or allowed to him in T7Te previous year by or on behalf of an employer or a former employer, if not charged to income tax for any earlier previous year.
[Explanation 1} For the removal of doubts, it is hereby declared that where any salary paid in advance is included in the total income of any person for any previous year it shall not be included again in the total income of the person when the salary becomes due.
[Explanation 2] Any salary, bonus, commission or remuneration, by whatever name called, due to, or received by, a partner of a firm from the firm shall not be regarded as “salary” for the purposes of this section.
For getting salary normally there must be employee – employer or master – servant/agent relationship. The distinction between a servant or as agent can be summarized as under:-
i. Generally a master can tell his servant what to do and how to do and how to do it.
ii. Generally a principle cannot tell his agent how to carry out his instructions;
iii. A servant is under more complete control than an agent;
i. Generally a master can tell his servant what to do and how to do and how to do it.
ii. Generally a principle cannot tell his agent how to carry out his instructions.
iii. A servant is under more complete control than an agent;
iv. Generally, a servant is a person who not only receives instructions from his master but is subject to his master’s right is control instructions but is generally free to carry out those instructions according to his own direction.
v. Generally a servant qua servant has no authority to make contracts on behalf contracts on behalf of his principal.
vi. Generally an agent is paid commission upon effecting the result which he has been instructed by his principal to achieve.
vii. Generally a servant is paid wages or salary.
For ascertaining whether a person is a servant or an agent, a rough and ready test is whether under the terms of his employment the employer exercises a supervisory control in respect of the work entrusted to the person. A servant acts under the direct control/supervisory control or supervision of the principal, though he is bound to exercise his authority in accordance with all lawful orders and instructions which may be given to him form time to time by his principal/controller/supervisor. But this test is not universal in its application and does not determine in every case, having regard to the nature of employment, that he is a servant. A person who is engaged to manage a business may be a servant or an agent according to the nature of his service and the authority of his employment. Generally if may be possible to say that the greater the amount of direct control over the person employed, the stronger is the conclusion the possibility of the services rendered being in the nature of principal and agent. It is not possible to lay down any precise rule to distinguish one kind of employment from the other. The nature of the particular business and the nature of the duties of the employee will require to be considered in each case in order to arrive at a conclusion as to whether the person employed is a servant or an agent. In each case the principle for ascertaining remains the same.
Section 16 of the Act speaks about deduction from salaries whereas section 17 speaks about “salary”, “perquisite” and “profits in lieu of salary” etc. A conjoint reading of section, 15, 16 and 17 nowhere includes scholarship/ stipend which have been mentioned in section 10(16) of the Act. Therefore, it can be said that the stipend/scholarship has been specifically precluded from the mischief of sub clause (1) & (2) of section 17 of the Act.
If the aforesaid sections are analyzed by keeping them in juxtaposition, with the terms and conditions used in the bond, it can be said that it is neither a salary/wages nor perquisite. Even the Hon’ble Calcutta High Court in the case of CIT v. Jnan Parkesh Ghosh [62 Taxman 151 (Cal)] went to the extent that the professionals rendering the incidental services are not servants. Our above view is further forttfied by the following decision:-
i. Lakshimnarayana Ram Gopal & Son Ltd vs. State [25 ITR 449 (SC)]
ii. Ramprasad v. CIT [86 ITR 122 (SC)].
iii. Piyare Lal Adishwar Lal v. CIT [40 ITR 70 (SC)]
Therefore, unless and until a master servant relation is brought on record by the revenue, suggesting that the assessee is an employee of the college, the stand of the revenue cannot remain on its legs.
We are also tempting to reproduce some of the relevant portion with regard to section 10(16) from the commentary of Acharya Shuklendra:
“Scholarships granted to meet the cost of education [cl.(16)] – Clause (16) exempts the /scholarships granted to meet the cost of education. Where the assesses receives a trainee stipend from a U.S. Hospital to aim him in his pursuit of study and research and not for Hospital to aid him in his pursuit of study and research and not for services rendered and the services, if any are only incidental to the course of practical training, such a stipend would be a scholarship and would be exempt under cI.(16). In fact, this clause recognizes statutorily the departmental instructions issued in this behalf under the 1922 Act.
(i) Concept of scholarship and extent of exemption – By scholarship as ordinarily understood, we mean anything which makes education free of charge, or at a confessional rate of fees. In section 10(16) however, scholarship is not used in that sense of something in educational opportunity which is given free. The basic postulate of a scholarship in cIause (1.6) is that it is an income receipt. Nevertheless, it is excluded from the total income by being brought under section 10. The view of the Income tax statute of a “Scholarship” , therefore, differs from the popular of dictionary view of a “Scholarship” . Whereas under the popular view, scholarship is education made available gratis, the sense in which the same expression is used in the Income tax Act is positive payment made to a scholar for pursuit of his education. The considerations which make up the concept of a “Scholarship for meeting the cost of education” in s. 10(16} are that the payment is intended to be an income receipt in the hands of the scholar and that whatever is paid is intended to meet the cost of education of the recipient. Since the purpose of the payment is to meet the cost of education, the question whether the quantum of payment is adequate or inadequate, or, is or is not in excess of the requirements are all beside the point. It is enough if the whole object of the payment is to meet the cost of education of a person and no further enquiry is called for in order toe exclude the amount form the taxable income u/s 10(16). If the payment is only for the cost of education the fact that the recipient does not spend the whole of the amount or saves something out of it or utilizes it for other purposes would not detract from the character of the payment being one for scholarship. Circulars issued by the Central Board have also proceeded on a liberal understanding of the provisions of s. 10(16). Accordingly, where a professor of mathematics is granted a grant-in-aid by a foreign university for doing advanced research in the filed of mathematics, the amount of granl-in aid would be scholarship under cl(16), and exempt even if a part or it had been utilized for the purposes of maintaining wife and children. The discretionary scholarship granted by the employer to the children of employees cannot be treated as a perquisile in the hands of children of employees because no right is created in their favour. Even if such scholarship is regarded as a perquisite, it would be exempt under clause (16) in the hands of the recipient. However, an amount paid to the assessee in the for services as an intern in a medical hospital, where service as an intern is necessary for a person who joins a medical school, cannot be regarded as a scholarship so as to qualify for exemption under this clause”.
(ii) Instances of scholarships: – The following are the instances of scholarships exempt under clause (16) as recognized by the department.
[1] Annual allowance granted to retiring research scientists by CSIR, New Delhi
[2] Stipend of research fellowships for working under the National Commission for the compilation of History of Scientists in India under the auspices of National Institute of Scientists of India
[3] Fulbright grants described as ‘maintenance allowance’ given to Fulbright students.
[4] Fulbright grant described as `maintenance allowance “given to American tutors prosecuting studies in India.
[5] Junior/Senior fellowships awarded by the Department of Atomic Energy.
[6] Financial assistance to teachers in the universities for undertaking research of learned work in science subjects and humanities.
[7] Maintenance allowance granted to foreign trainees under the scheme of the International Association for the exchange of students for Technical Experience.
[8] Research fellowship in engineering, technology, humanities and science subject
[9] Junior and Senior research fellowships awarded by CSIR.
[10] National research fellowship and fellowships to German nationals awarded by the Ministry of Education.
Viewed from aforesaid different angles and facts of the present appeal. It can be said that the scholarship/ stipend received by a student from College/Govt for pursuing higher studies, cannot be termed as salary. Therefore, this appeal of the assessee is allowed.

Please help me with the solved problems of practical questions of Dr.Girish Ahuja,Dr.Ravi Gupta's book "systematic approach to tax laws" containing income tax,wealth tax & VAT(for CS EXEC & CWA Inter students),7th edition (A.Y.2013-14)
of Chapter "Income under the head salaries"

I am located at Mumbai, one of wants to invest capital of Rs.3lac in to my business for period of time he wants agreement on stamp paper stating that i will be paying him interest monthly. My question to the experts is that, is this legal? and if yes than what amount of stamp paper is required and do same required to notaries and for what reason? Particularly for better view of experts below is the draft copy of agreement. please give your feedback.


DRAFT COPY

(To be executed on a non-judicial stamp paper of Rs 100/- or of appropriate value as per the Stamp Act applicable at the place of execution, whichever is higher)

This Agreement executed on this the ____ day of ________, 20 at ___________ by and between the parties with the following details:
COMPANY/FIRM
Name:
Owner:
Address:

INVESTOR
Name: M/s/Mr/Mrs.
Address:



The INVESTOR agrees to invest in the venture and policy of the COMPANY/FIRM for 12 months.
The invested amount: Rs_______________ (in words_________________ ____________________________________).
The INVESTOR understands the laws of investment and both the involved parties agrees to the following terms and conditions of this contract agreement:
• The FIRM agrees to have INVESTOR as one of the many INVESTORs for the investment related to the stock / derivatives / equity cash / commodities / forex /mutual fund business.
• The INVESTOR agrees to keep track of the developments of the venture or the policy during the course of the agreement
• The INVESTOR must put the invested amount in the bank account of the FIRM/ PROPERITOR as soon as the contract agreement commences.
• The INVESTOR will be paid 2.50% interest on invested amount either by cheque/cash monthly from next month the day of execution the agreement.
• The INVESTOR have the option of reinvesting interest paid amount to the capital invested and will be benefited with the interest (on capital investment + reinvested amount) of 2.50% from next month accordingly(Tick √ the box reinvest amount of interest paid).

(Signature of Investor)
• The INVESTOR agrees for the lock in period of invested amount till 3 month(any circumstances either withdrawal or termination), if INVESTOR wants to partly withdraw the invested amount(not more than 25% of capital invested) before LOCK IN period or maturity of agreement than will have to give a 15 day’s notice with specific reason & amount to be withdrawn.
• Either party to this Agreement may terminate this Agreement at any time without assigning any reason by giving 30 (thirty) days’ notice in writing to the other party.
• The INVESTOR must get the return of the capital amount within 5 working days of maturity of the agreement.
Both party shall strictly adhere to and abide the agreement clause; any amendment in the agreement by the OWNER will be bought to the notice of INVESTOR.
This Memorandum of understanding is covered by the laws of the Sovereign Republic of India and the States where the two parties are domiciled as Applicable. Any dispute will be attempted to be resolved amicably first, Then by mutually agreed Arbitration and finally under the law.
This agreement has been executed as on___________ and shall remain into effect for ____ months from execution date to Validation of agreement date: ___________

IN WITNESS WHEREOF, the parties hereto have set their hands and signatures on the day, month and year first above written

Signed for and on behalf of the Investor:


_____________________________________ __________________________
(Name of Investor) (Signature of Investor)

(Should be signed by individual / proprietor / designated partner(s) / designated director(s), as the case may be the guardian of the investor).

In the Presence of witness:

1. ______________________________


_____________________________
Name and Address Signature





Signed for and on behalf of the FIRM/ Proprietor:


__________________________________ __________________________
(Name of Proprietor) (Signature of Proprietor)

(Should be signed by Individual / Partner(s) / Proprietor)


In the Presence of witness:

1. _______________________________


_____________________________
Name and Address Signature

Our company is a clearing and forwarding agent. We received a bill from container freight station which had import handling charges, storage charges, energy surcharge,weighment charges and service tax.

Is TDS applicable on these payments and under which section?

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