Imagine this scenario: You land a fantastic part-time work-from-home job or a summer internship. The offer letter says you will be paid ₹15,000 per month.
You are thrilled! You already have plans for that money. But when the payment hits your bank account, you only see ₹13,500. You panic. Where did the remaining ₹1,500 go? Did the company cheat you?
Relax. The company didn't cheat you. The government just took a slice called TDS (Tax Deducted at Source). This silent leak drains millions of rupees from student bank accounts every year because most students assume "I don't earn enough to pay tax, so I can't do anything about it."
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| Don't lose 10% of your stipend to TDS. This cycle shows how filing your ITR (Income Tax Return) legally brings that deducted money back into your pocket. |
Here is the reality: Just because tax was cut, doesn't mean it's gone forever. If your total yearly income is below the taxable limit, you can legally claim a refund. In this deep-dive guide, we will break down the complex Indian tax laws (Section 10(16), 194J, and 87A) into simple student language.
1. The Golden Rule: Is It a Scholarship or a Salary?
Before you check your bank balance, you need to understand how the Income Tax Department (ITD) views your money. In the eyes of the law, not all "pocket money" is equal.
A. The "Exempt" Money (Section 10(16))
Under Section 10(16) of the Income Tax Act, any "scholarship granted to meet the cost of education" is fully exempt from tax. This is a powerful clause.
- Case Law Example: In the famous case of A. Ratnakar Rao vs. Addl. CIT, the Karnataka High Court ruled that a stipend paid to a doctor for "furthering their education/training" is a scholarship and is tax-free.
- Who this applies to: Research fellows (JRF/SRF), Ph.D. scholars, and university merit scholarship holders. If you fall here, you pay Zero tax, and usually, no TDS is cut.
B. The "Taxable" Money (Stipend as Salary)
Most corporate internships (Engineering, MBA, Marketing) do not fall under Section 10(16). If you are performing tasks for a company—like writing code, managing social media, or selling products—you are an "employee" or a "consultant."
This income is treated as:
- Salary (Section 192): If you are on the company payroll.
- Professional Fees (Section 194J): If you are a freelancer or contract intern.
(Spoiler: Most students fall into category #2, which is why TDS is deducted.)
2. Why Was 10% Cut From My Pay? (The Math)
You might ask, "The government says income up to ₹7 Lakhs is tax-free. I only earned ₹50,000 this year. Why did they cut tax?"
This happens because of Section 194J. This law mandates that if a company pays a "professional" (that's you!) more than ₹30,000 in a single financial year, they MUST deduct 10% TDS.
Crucial Note: This ₹30,000 limit applies per payer (per company), not on your total income. If Company A pays you ₹28,000 and Company B pays you ₹28,000, neither is required to cut TDS. But if Company A pays you ₹35,000, they must deduct TDS on the whole amount.
The Rebate vs. Exemption Confusion
There is a difference between "Basic Exemption" and "Tax Rebate":
- Basic Exemption: Under the New Regime, income up to ₹3,00,000 is exempt.
- Rebate u/s 87A: If your income is between ₹3L and ₹7L, the government gives a rebate, making your tax liability ZERO.
Since the company doesn't know your total income, they cut the tax anyway. It is your job to file ITR, show that your income is below the taxable limit, and claim that money back.
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| Save this infographic! It breaks down exactly why your money was deducted and which ITR form (ITR-1 vs ITR-4) you need to use to get your refund back. |
3. The "Freelancer" Superpower: Section 44ADA
If you are a student freelancer (content writer, graphic designer, coder) receiving payments from clients, you have a massive advantage called Presumptive Taxation (Section 44ADA).
Usually, businesses have to maintain complex accounting books. But under Section 44ADA, if your gross receipts are up to ₹75 Lakhs (subject to Finance Act updates), you can simply declare 50% of your earnings as profit and pay tax only on that.
This simplifies your ITR filing significantly. You file ITR-4, declare your presumptive income, and if it's below the taxable slab, you get your full refund.
4. Step-by-Step Guide to Claim Your Refund
You do not need to hire a CA. Follow these steps between June and July every year.
Step 1: Check Form 26AS
Log in to the Income Tax E-Filing Portal. Go to 'e-File' > 'Income Tax Returns' > 'View Form 26AS'. This is your "Tax Passbook." It will show every rupee deducted from your name. If the deduction isn't here, catch your employer!
Step 2: Choose the Form
- ITR-1 (Sahaj): Use this if you received a "Form 16" from your company (Salary income).
- ITR-4 (Sugam): Use this if you are a freelancer or intern where TDS was cut under Section 194J (Professional fees).
Step 3: File and E-Verify
Fill in your total income. If your total income is below the taxable limit (approx ₹7L under New Regime), the system will calculate your tax as Zero. It will show a "Refund Due" amount equal to the TDS deducted.
Once verified, the money usually credits to your bank account within 20-45 days with interest!
Planning to study abroad? Having IT Returns for the last 3 years makes getting an Education Loan without collateral much easier, as banks trust applicants with a filed tax history.
5. Frequently Asked Questions (Student Edition)
Q1: Can I submit Form 15G to stop them from cutting TDS?
Answer: Legally, yes, if your estimated total income is below the taxable limit. However, most companies reject Form 15G for internship stipends (Section 194J) because the compliance risk for them is high. The most reliable way is to let them deduct it and claim it back later.
Q2: My stipend is only ₹5,000/month. Is it taxable?
Answer: Since ₹60,000/year is below the ₹30,000 "per payer" threshold (wait, 5k * 12 = 60k? Yes, if one company pays >30k, they cut TDS). But regarding your tax liability: Since your total income is below the exemption limit, your final tax to pay is Zero.
Q3: What if I don't file ITR?
Answer: If TDS was deducted and you don't file ITR, you are essentially donating that money to the government. Also, filing ITR builds a financial history useful for loans and visas.
Q4: Are "Cash Gifts" from relatives taxable?
Answer: Gifts from "relatives" (parents, siblings) are tax-free regardless of amount. Gifts from non-relatives (friends) are tax-free only up to ₹50,000 per year. Read more about handling small capital in our Zerodha vs Groww Review.
The Bottom Line
Being a student doesn't mean you can ignore taxes. In fact, learning this now puts you ahead of 90% of your peers.
- Step 1: Check if TDS is being cut (Check Form 26AS).
- Step 2: Don't panic; it's just a deposit.
- Step 3: File your ITR in July and claim what is yours.
Disclaimer: This article is for educational purposes only. Tax laws change frequently (check the official Income Tax site for updates). For complex cases, always consult a CA.
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