Stipend income
jay prakash dubey
(Querist) 08 August 2013
This query is : Resolved
Dear Sir/Mam
>I am pursuing D.N.B(After completing M.D.) duration of course is 3 years
>and I received Stipend which is also mention in my admission letter.
>also all the condition of stipend is satisfied which is laid down by ITAT & High court decision
>however TDS u/s 192 is deducted while my income fall u/s 10(16)
QUESTION:-
>in such a case may i claim Refund of full amount of TDS if i dont hane any other head income????
>what should i do for non deducting my TDS???
ajay sethi
(Expert) 08 August 2013
consult your chartered accountant
Kumar Doab
(Expert) 08 August 2013
Your CA for sure will be able to help you.
You may also go thru another thread on similar query:
http://www.lawyersclubindia.com/forum/Stipend-income-54267.asp#.UgNZodKAqWM
The means and mode of educations have changed and the stipend should be sufficient to cover travelling expenses, books, literature....................etc
You may apprise our employer by attaching copy of conditions satisfied by you and laid down by ITAT, HC decisions.
You may file for refund in consultation with your CA.
Rajendra K Goyal
(Expert) 08 August 2013
Agree with the experts. File the return to get the refund of excess tax / TDS deducted from your income.
jay prakash dubey
(Querist) 08 August 2013
Ok sir,
Pls Let me cleared one thing more
>is exempted income which is more than basic tax slab limit
>liable for TDS
Guest
(Expert) 08 August 2013
Sec. 10(16) deals with scholarship. There is a difference between stipend and scholarship. However, file your tax return. Let the Assessing Officer decide on the issue of refund.
jay prakash dubey
(Querist) 08 August 2013
But P.s. Sir
stipend/scholarship categories in same meaning by h.c in the case of
>dr rahul tugnait vs ITAT
>sudhir kumar sharma vs ito
>ratnakar rao vs addl cit
>CIT vs B.K. balchandran etc
Rajendra K Goyal
(Expert) 08 August 2013
You may file your return taking cognizance of the ruling in above cases.
Guest
(Expert) 08 August 2013
Dear Mr. Dubey,
First of all, any court ruling depends upon case to case as based on the facts and background of the case and the purpose for which the stipend was granted. Stipend is normally granted for work during training period not for research study.
Secondly, any court ruling does not apply automatically & universally on each and every case. That all depends upon the competent court taking cognizance of the facts, similarity of circumstances and purpose and the court taking a specific decision on the analogy of the previous judgment.
So, neither you can assume the court judgment to apply automatically on your case, nor the AO can be compelled to decide your case based on any court ruling in any other case.
So, unless you file your case in the court of law on the anology of the previous court ruling and the court decides in your favour, all depends upon the AO whether he considers or not your case for refund on filing your tax return.
Guest
(Expert) 08 August 2013
Mr. Jai Prakash Dubey,
What I find, this is not your personal case and, as you are an articled clerk under some CA, not even completed your CA, and have put just an academic query to hoodwink the experts to show as if this is your own case by showing that you are pursuing D.N.B(After completing M.D.) duration of course is 3 years.
Can you please clarify, why you have adopted such a deceptive manner to extract reply on your academic query? Moreover, your own CA would have been competent enough to satisfy your query, as you are working for and taking training under him.
Kumar Doab
(Expert) 08 August 2013
The comments of Shri P. S. Dhingra are treated as final and the submission of information in this thread should end here.
Why should anyone conduct at this forum in such a manner?
These learned experts are thorough gentlemen and help but is it the way to seek help?
Shri P. S. Dhingra is absolutely right.
Your employer/CA can satisfy you if he wish to.
jay prakash dubey
(Querist) 08 August 2013
>Very Very Sorry
>Respected P.S. Dhingra Sir
>this is not my personal case
>its belongs to my Friends..
my purpose is not to heart to all Respected members...
Once again apologies for same ....
V R SHROFF
(Expert) 08 August 2013
I hereby appreciate the Answer of Shri Ajay
Sethi who replied " consult your chartered accountant" That is the best, short and sweet answer for such Querist.
Why all our Experts can't understand who need our help?
Or few such Time Passers take us to rides??
First chk his Profile/ Querist asked in past, and his history / pattern of Queries. HE ALREADY SAID IN EARLIER QUERY "I am working with ca firm and am in final student training is remain 1 yr"
If someone fools us, and take away our precious time and expertise for nothing, BEWARE
Pl do not entertain Anonymous or Academic Queries, unless you realise it is genuine hardship , and a person is in need of your Legal guidance.
Guest
(Expert) 08 August 2013
Mr. Dubey,
Even if the case belonged to your friend, which I don't believe, you should have come forward with clear picture, instead of stating, "I AM PURSUING......"
If you do like this, even at the time of your own need in future none would like to come to your help also. Nobody would like your cheating habit.
