Tax liability on Stipend

Vijay Kumar (Querist) 16 July 2011 This query is : Resolved
A medical college student is receiving stipend along with studies.

Whether stipend is liable to tax?

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A V Vishal (Expert) 16 July 2011
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]

Guest (Expert) 18 July 2011
Stipend being a part of income is taxable, if the total income for the year falls within the taxable range.

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