Taxability of Stipend

Page no : 2

(Guest)
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]

Ritesh Jain (CA, CS in Job) (675 Points)
Replied 20 April 2010

Actually all the receipts in form of stipend,scholarship,fellowship are taxable,.............. there is no question about its non taxability............. The thing is that section 10(16) provided some exemption in scholar ship in defined condition..................So it is also taxable but with exemption provided............ in case of stipend, question is not bout non taxability or taxability, question is that how stipend can be brought into bracket of 10(16) & if it cudn't be then how come its non taxability is established. 

thanx


Aditya Maheshwari (CA in Practice) (35867 Points)
Replied 20 April 2010

Continuing with the example given by Ritesh Jain some of my friends who passed CA Final exams but were still under articleship under the old course of PE - II setup TDS was deducted u/s 192 as the stipend received was taxable and form 16 was given to them at the year end.


RAvi m (Student) (49 Points)
Replied 20 April 2010

guys whenevr u refer to the any case laws kindly provide the text / contain for the same.


Aditya Maheshwari (CA in Practice) (35867 Points)
Replied 20 April 2010

Yes in case you are replying on the query above please quote some text also as the matter of discussion is section 10(16) only as everyone knows.



Mohit Agrawal (Practice) (40 Points)
Replied 24 April 2010

https://www.taxguru.in/income-tax/taxability-of-stipend-received-by-indian-resident-students-out-of-india.html

Here is an article of Tax Guru. As per this article stipend is taxable.



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