Case law for exemption of Stipend from Income Tax

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nike (Querist)

05 October 2008 Will i get the reference of any case law stating that stipend received by an article,and crosses basic exemption limit is not liable to tax & on the same TDS is not applicable.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

05 October 2008 Pl refer
sudhir kumar sharma vs ITO (1983) 17 TTJ (JP-Trib) 228.

CA Bosu babu

CA Bosu babu (Expert)

07 October 2008 hey stipund will not come under salary as per IT rules....so even limits crossed it cant be treated as salary....

Miss Komal Mantri

Miss Komal Mantri (Expert)

11 October 2008 The view that stipend is not taxable is taken in the light of Section 10(16), under which, scholarships granted to meet the cost of education is exempt. In this connection it may be noted that the Income Tax Appellate Tribunal, in Sudhir Kumar Sharma vs ITO (1983 15 Taxman 100 Jaipur Mag) has held that the stipend received by an articled clerk from a chartered accountant is exempt under Section 10(16).

The reason given by the Bench was that the stipend was paid to meet the cost of books, coaching fees, examination fees, and so on.

Reference may also be made to the ITAT decision in ITO vs Dr. G. N. Ramachandran (1 ITD 902 Bangalore) where it held that stipend received to meet the cost of education would be exempt under Section 10(16).

It is felt that the ratio of these decisions will apply to the stipend received by you for pursuing a super-speciality course in urology.

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