Under which source the stipend income received by doctors from superspeciality medical institutes is taxable?when TDS deducted under194C?which ITR to be filed?
20 Replies
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(183108 Points)
Replied 18 August 2018
File ITR4 with 'PGBP' income u/s. 44ADA...
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(183108 Points)
Replied 18 August 2018
Yes, but the service provider are doctors!!! ...Specified professionals u/s. 44AA of IT act........
Two aspects to be checked..... either TDS deducted under wrong section; or the contract specifies some different services....
see lee
(Student)
(102 Points)
Replied 18 August 2018
Thanks for replying sir..the deductor deducted PT,MC,HRA from gross receipts and none of them can be claimed as expenditure..
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(183108 Points)
Replied 18 August 2018
HRA benefits are given to employees...... the contract should be for temporary employment and in that case it would be taxable under 'salary' head. So, first check contract, and as such ask to modify TDS section. PT is deductible in either case. (except under presumptive assessment).
see lee
(Student)
(102 Points)
Replied 18 August 2018
Sir they are students of superspecialiation course for 3yrs and 1yr intern after PG medical and pay an yearly fees to institute and earn stipend and they been deducted under 194C
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(183108 Points)
Replied 18 August 2018
If students for any recognized course paying academic fees to institute... in that case stipend is exempted u/s. 10(16), but TDS should not have been deducted.
First check the reason of TDS deduction u/s. 194C..........
It may happen that the institute may revise TDS return, and there by tds section to 194J !!
see lee
(Student)
(102 Points)
Replied 18 August 2018
sir they are doing it from years..and found any rectification in none of the year ..and 16A issued which reflects deducted under 194C ..
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(183108 Points)
Replied 18 August 2018
If that is their trend, you may verify the contract for any specified professional services; otherwise file ITR4 u/s. 44AD......
But in case of any doubt, better file ITR3 with P&L acc & BS details. (provided no ITR4 filed u/s. 44AD in preceeding year/s)
see lee
(Student)
(102 Points)
Replied 18 August 2018
sir the yearly fees paid to institute (as a college fees) allowed as expenditure?
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(183108 Points)
Replied 18 August 2018
No
(not business related !!)
see lee
(Student)
(102 Points)
Replied 18 August 2018
Sir,need to file ITR for A.Y2016 17 after considering 50% of gross receipts wich does not exceed taxable slab limit.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(183108 Points)
Replied 18 August 2018
Let a query from ITD under Non-filers Monitoring System be raised !!!
see lee
(Student)
(102 Points)
Replied 18 August 2018
Ok sir will not file then.thanku..will file ITR 4 as professional income..consequences for filing ITR for A.Y1718 now?
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