Stipend is taxable ?

Image result for stipendHello everyone,

Hope all of you enjoying our updates. Today, I would like to share income tax provisions on stipend. Taxation of Stipend has been a matter of much debate. In the Income Tax Act from a purely factual standpoint there is no mention of ‘stipend’.

Income Tax Provisions

Under Section 17(1) of the Income Tax Act — wages, pension, gratuity, fees or commission or profits in lieu of salary, advance salary, payment for leaves standing to the credit of the employee — have all been included under the definition of salary. This is taxable in the hands of the employee.

The Income Tax Act has laid down that “scholarship” granted to meet the cost of education’ is exempt from income tax under Section 10(16).

Case Laws

  • Sudhir Kumar Sharma vs ITO (1983 15 Taxman 100 Jaipur Mag) – where it has held that the stipend received by an articled clerk from a chartered accountant is exempt under Section 10(16). The reason given by the Bench was that the stipend was paid to meet the cost of books, coaching fees, examination fees, and so on.
  • ITO vs Dr. G. N. Ramachandran (1 ITD 902 Bangalore) – where it held that stipend received to meet the cost of education would be exempt under Section 10(16).

So, in case of Company Secretary’s, Chartered Accountants, Cost Accountants and Advocates, Stipend is exempted because it is paid to meet the cost of books, coaching fees, examination fees, and so on.

When Doctors receive Stipend at hospitals Usually doctors earn stipend as they pursue a higher degree at a hospital. Such work by the doctor is similar in nature to that of a full time employee. The doctor is gaining experience from such work and performing duties like regular doctors – in such cases your Stipend may be taxed.

MBA graduates or engineering graduates receive stipend by pursuing internship at a company Some companies may even offer accommodation. The Stipend letter may or may not include a break up like a salary letter does. This may or may not be similar to the employment letter offered to a full time employee. However, if this payment is made for you to gather an experience and perform services similar to an employee, such Stipend income shall be taxable.

Filing of Income Tax Return – If total stipend is not more then exemption limit specified under income tax slab rates (vary every year) then no need to file income tax return otherwise you must go for filing income tax return.

RBI Introduce additional settlement batches in National Electronic Funds Transfer (NEFT) System

Image result for RBIThe Reserve Bank of India in its First Bi-monthly Monetary Policy Statement for 2017-18 has announced the introduction of additional settlements in the NEFT system to enhance the efficiency and add to customer convenience. The additional 11 settlements at half-hour intervals will be introduced with effect from July 10, 2017 (Monday) at 8.30 am, 9.30 am, 10.30 am ………….5.30 pm and 6.30 pm, taking the total number of half hourly settlement batches during the day to 23. The starting batch at 8.00 am and closing batch at 7.00 pm shall remain the same as hitherto. The return discipline shall also remain the same i.e., B+2 hours (settlement batch time plus two hours) as per extant practice.

Click here to view press release.

MCA NOTIFICATION : FORM 24 – STRIKING OFF NAME OF THE LLP

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 16th May, 2017

Image result for LLPG.S.R. 470(E).—In exercise of the powers conferred by sub-sections (1) and (2) of section 79 of the Limited Liability Partnership Act, 2008 (6 of 2009), the Central Government hereby makes the following rules, further to amend the Limited Liability Partnership Rules, 2009, namely:—

1. (1) These rules may be called the Limited Liability Partnership (Amendment) Rules, 2017.

(2) They shall come into force with effect from 20th May, 2017.

2. In the Limited Liability Partnership Rules, 2009 (herein after referred to as the Principal Rules), in rule 37, after sub-rule (1), the following sub-rule shall be inserted, namely:—

“(1A) The limited liability partnership referred to in clause (b) of sub-rule (1) of rule 37 shall,—

(I) file overdue returns in Form 8 and Form 11 up to the end of the financial year in which the limited liability partnership ceased to carry on its business or commercial operations before filing Form 24;

(II) enclose along with Form 24,—

(a) a statement of account disclosing nil assets and nil liabilities, certified by a Chartered Accountant in practice made up to a date not earlier than thirty days of the date of filing of Form 24;

(b) an affidavit signed by the designated partners, either jointly or severally, to the effect,

(i) that the Limited Liability Partnership has not commenced business or where it
commenced business, it ceased to carry on such business from ………….(dd/mm/yyyy);

(ii) that the limited liability partnership has no liabilities and indemnifying any liability that may arise even after striking off its name from the Register;

(iii) that the Limited Liability Partnership has not opened any Bank Account and where it
had opened, the said bank account has since been closed together with certificate(s) or
statement from the respective bank demonstrating closure of Bank Account;

(iv) that the Limited Liability Partnership has not filed any Income-tax return where it has not carried on any business since its incorporation, if applicable.

(c) a copy of the acknowledgement of the latest Income-tax return filed under the Income-tax Act,1961 (43 of 1961) and the rules made thereunder for the time being in force, where the limited liability partnership has carried out any business and has filed such return.

(d) copy of the initial limited liability partnership agreement, if entered into and not filed, along with changes thereof in cases where the Limited Liability Partnership has not commenced business or commercial operations since its incorporation.

Explanation.—The date of cessation of commercial operation is the date from which the
Limited Liability Partnership ceased to carry on its revenue generating business and the transactions such as receipt of money from debtors or payment of money to creditors, subsequent to such cessation will not form part of revenue generating business.”
3. In the Principal Rules, for Form 24, the following Form shall be substituted, namely:—

CLICK HERE TO DOWNLOAD NOTIFICATION

Last chance to file missing Annual Returns – FCRA

Image result for fcraThe Centre has given one final opportunity to all non-governmental organisations (NGOs), which had applied for renewal of their registration under the Foreign Contribution (Regulation) Act, 2010 (FCRA) but had not uploaded their annual returns from financial year 2010-11 to 2014-15, to do so.

Image result for fcra return“All such NGOs can upload their missing Annual Returns along with the requisite documents within a period of 30 days, starting from May 15, 2017 to June 14, 2017. Further no compounding fee will be imposed on them for late filing of Annual Returns during this period,” the home ministry said in a statement.

The ministry also added that the registration under FCRA would not be renewed unless the annual returns were uploaded by the NGOs.

Click here – List of NGO’s With Annual Return Filing Status

MCA Updats – 09.05.2017

  • MCA – Due to urgent maintenance the following document related services will not be available on Tuesday, 9th May 2017 – View Public Documents, Download of form 49A/49B, Download form for Resubmission, and Documents in Track Payment Status / Track SRN status / Enquire DIN status services. Stakeholders are requested to plan accordingly.
  • Form DIR-3C and RD-1 are likely to be revised on MCA21 Company Forms Download page w.e.f 11th May 2017. Stakeholders are advised to check the latest version before filing.
  • Forms CHG-1, CHG-4, CHG-9 and STK-2 were recently revised on MCA21 Company Forms Download page. Stakeholders are advised to check the latest version before filing.

MCA Upload Defaulting Status of All Companies..!!

Image result for mca master dataMCA has updated all the master data by adding defaulting status. If any company is in default for annual filing for the year 2015-16 than MCA mark it as a defaulting.

Example – “Default Status – Defaulting in filing of Annual Return and Balance Sheet for the financial year 2015 – 2016”

TECHNICAL COMMITTEE OF THE INSOLVENCY AND BANKRUPTCY BOARD OF INDIA

TECHNICAL COMMITTEE OF THE INSOLVENCY AND BANKRUPTCY BOARD OF INDIA

Press Release
4th May 2017
issued by IBBI

The Insolvency and Bankruptcy Board of India (IBBI) has constituted a Technical Committee in accordance with Regulation 14 of the IBBI (Information Utilities) Regulations, 2017. The Technical Committee (Committee) shall consist of the following:

Sl. No . Name and Position Position in Committee
1. Dr. R. B. Barman (Chairman, National Statistical Commission) Chairperson
2. Dr. Nand Lal Sarda (Emeritus Fellow, Indian Institute of Technology, Bombay) Member
3. Dr. Pulak Ghosh (Professor, Indian Institute of Management, Bangalore) Member
4. Sh. V. G. Kannan (Chief Executive, Indian Banks Association) Member

The Committee shall give its recommendation for laying down Technical Standards for the performance of core services and other services under Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017 and specifically on the following matters, namely:

(a) the Application Programming Interface;

(b) standard terms of service;

(c) registration of users;

(d) unique identifier for each record and each user;

(e) submission of information;

(f) identification and verification of persons;

(g) authentication of information;

(h) verification of information;

(i) data integrity;

(j) consent framework for providing access to information to third parties;

(k) security of the system;

(l) security of information;

(m) risk management framework;

(n) porting of information;

(o) exchange or transfer of information between information utilities;

(p) inter-operability among information utilities;

(q) preservation of information; and

(r) purging of information.