Paddy (seeker) (66 Points)
12 August 2011Hi everybody, I would like to know the diffrence in Income Tax for salary payable & stipend payable and TDS applicable on it. Please note here I am not referring to stipend payable to Doctors, CAs or any other profession who need to under go compulsory training. But the freshers who are taken on Probation or training by Companies from campus.
Thank you to all in advance for providing a solution.
- Paddy
varun maingi
(ca final)
(72 Points)
Replied 13 August 2011
TREATEMENT OF BOTH STIPEND( IN UR CONTEXT) AND SALARY WILL BE SAME IN INCOME TAX
Paddy
(seeker)
(66 Points)
Replied 16 August 2011
Treating Stipend at Par with salary will it araise a problem while assesessment of TDS? as there is no such case laws in its defence.
Ashok kumar
(CA Final)
(587 Points)
Replied 17 August 2011
Dear
In the Sudhir Kumar Sharma v. ITO (1983) 17 TTJ (Jp) 226 : (1983) 14 TLR 826 (Jp). Gist : ------ Stipend received by the assessee, an articled clerk, from a concern of chartered accountants, cannot be treated as a payment for services rendered by him to chartered accountants. The assessee, an articled clerk, being a newly recruited graduate, cannot assist the chartered accountants in their work and he joined them with a view to learning and receiving training. The stipend paid to the assessee was only to enable him to meet out the cost of books, examination fee, etc., which he had to pay during the course of training. The same could not, therefore, be treated as assessee"s income and therefore, was exempt u/s 10(16).
hence it will not attract tds
Paddy
(seeker)
(66 Points)
Replied 18 August 2011
Yes this type of stipend is exempt as they are trainees under professionals but what abount trainees in business ie Service Sector, Manufacturing, etc.? Is there any case laws in support of that?
Thanks..
CA Shiv
(Business Controller)
(2987 Points)
Replied 19 August 2011
Well it is taxable like salary only.. there is no difference between salary and stipend.... or else evey employee will receive stipend if it was exempt.....
Also in the employement contract you can mention whatever you wish.. but for Income tax purpose it is salary only....
Paddy
(seeker)
(66 Points)
Replied 25 August 2011
Yes, I accept it... Thank you very much for contributing...
CAclubindia
