Yes, 'n' how many times can a man turn his head,
Pretending he just doesn't see?
The answer, my friend, is blowin' in the wind,
The answer is blowin' in the wind.
- Bob Dylan
Wednesday, January 28, 2009
Tuesday, January 27, 2009
ANOTHER EXAMPLE OF DICHOTOMY
Respected Teachers,
We are writing this to you with deep anguish and pain. Being an Institute of National Importance this institute symbolizes academic and professional excellence unparalleled in this country. We came with high hopes and aspirations to be a part of this tradition, to be a future torchbearer of excellence. However due to the utmost incompetence and callousness of some administrative section of this institute our dreams lie shattered, we feel alienated. Unfortunately, the highest authority of this institute has fallen an innocent victim of this administrative quagmire. We are once again highlighting the double standards that are being blatantly and shamelessly displayed by the administration of this institute.
The Director and the Registrar in their last meeting with the residents and the HODs (On 23.12.2008) told that we are not residents but students of this institute, despite working upto 36 hrs at a stretch like a resident. Moreover, as per the answer provided to Dr. Nikhil S Bhoomkar [PDCC Anesthesia 2008 batch, course completed on 31/12/08] in RTIA/64/SCTIMST/2008 dated 16-12-2008 the institute has clearly stated that we are students and not employee of this institute.
However, quite astonishingly, the same office is issuing certificates that clearly declares us as senior residents.
Both the documents are attached herewith.
Sincerely yours,
Resident Doctors.
We are writing this to you with deep anguish and pain. Being an Institute of National Importance this institute symbolizes academic and professional excellence unparalleled in this country. We came with high hopes and aspirations to be a part of this tradition, to be a future torchbearer of excellence. However due to the utmost incompetence and callousness of some administrative section of this institute our dreams lie shattered, we feel alienated. Unfortunately, the highest authority of this institute has fallen an innocent victim of this administrative quagmire. We are once again highlighting the double standards that are being blatantly and shamelessly displayed by the administration of this institute.
The Director and the Registrar in their last meeting with the residents and the HODs (On 23.12.2008) told that we are not residents but students of this institute, despite working upto 36 hrs at a stretch like a resident. Moreover, as per the answer provided to Dr. Nikhil S Bhoomkar [PDCC Anesthesia 2008 batch, course completed on 31/12/08] in RTIA/64/SCTIMST/2008 dated 16-12-2008 the institute has clearly stated that we are students and not employee of this institute.
However, quite astonishingly, the same office is issuing certificates that clearly declares us as senior residents.
Both the documents are attached herewith.
Sincerely yours,
Resident Doctors.
Response from Director
The Director has forwarded your mail to the concerned authorities for immediate clarification for the points you have raised.
o/o the Director
o/o the Director
Letter to Director on 27.01.09: STIPEND IS ALSO NOT TAXABLE
Respected Sir,
This to draw your kind attention to some of the important facts regarding Income tax on stipend that have been repeatedly misrepresented to you.
1. In the answer provided to Dr. Nikhil S Bhoomkar [PDCC Anesthesia 2008 batch, course completed on 31/12/08] as per RTIA/64/SCTIMST/2008 dated 16-12-2008 the institute has clearly stated that it provides "STIPEND" to the students and not "SALARY". As per the opinion of some leading Tax consultants of the country and the references attached herewith it has been clearly established that STIPEND IS NOT TAXABLE.
A) [1981] 128 ITR 527 (KAR.) HIGH COURT OF KARNATAKA Ratnakar Rao (A) v. Additional Commissioner of Income-tax
B) [1990] 184 ITR 533 (MAD.) HIGH COURT OF MADRAS Dr. V. Mahadev v. Commissioner of Income-tax
C) High Court of Bangalore, Bench of Income-Tax Appellate Tribunal in ITO versus Dr G. N. Ramachandran 1 ITD 902
D) [1983] 15 Taxman 100 ITAT Jaipur High Court Bench, Sudhir Kumar verma Vs ITO
2. As per the same reference (RTIA/64/SCTIMST/2008) it has been further stated that as the institute considers the payment to students as "STIPEND" , the recommendation of the 6th Pay Commission is not applicable to them, unlike other employees of this institute. Therefore, Sir, as there is no employer - employee relationship between the institute and the students the stipend provided to them is not taxable.
Sir, we strongly feel that you have been misdirected on this issue by the Academic and Financial section of our institute and we request for the following actions
1. Clarify the employer - employee status between the PG Students/Resident Doctors and the Institute.
2. If we are the employee of this institute and eligible for TDS ( Tax deduction at source - the current prevailing system), kindly make arrangement for payment of arrears and other benefits like medical reimbursement, HRA, book grants etc.
If we are not the employee of this institute then kindly stop deduction of TDS with immediate effect and make necessary arrangements for refunding the amount deducted so far.
3. Kindly let us know if any disciplinary action will be taken against the signing authorities of those misleading orders who have caused unnecessary trouble for this Institute of National Importance.
Sincerely yours'
Resident Doctors of SCTIMST
This to draw your kind attention to some of the important facts regarding Income tax on stipend that have been repeatedly misrepresented to you.
1. In the answer provided to Dr. Nikhil S Bhoomkar [PDCC Anesthesia 2008 batch, course completed on 31/12/08] as per RTIA/64/SCTIMST/2008 dated 16-12-2008 the institute has clearly stated that it provides "STIPEND" to the students and not "SALARY". As per the opinion of some leading Tax consultants of the country and the references attached herewith it has been clearly established that STIPEND IS NOT TAXABLE.
A) [1981] 128 ITR 527 (KAR.) HIGH COURT OF KARNATAKA Ratnakar Rao (A) v. Additional Commissioner of Income-tax
B) [1990] 184 ITR 533 (MAD.) HIGH COURT OF MADRAS Dr. V. Mahadev v. Commissioner of Income-tax
C) High Court of Bangalore, Bench of Income-Tax Appellate Tribunal in ITO versus Dr G. N. Ramachandran 1 ITD 902
D) [1983] 15 Taxman 100 ITAT Jaipur High Court Bench, Sudhir Kumar verma Vs ITO
2. As per the same reference (RTIA/64/SCTIMST/2008) it has been further stated that as the institute considers the payment to students as "STIPEND" , the recommendation of the 6th Pay Commission is not applicable to them, unlike other employees of this institute. Therefore, Sir, as there is no employer - employee relationship between the institute and the students the stipend provided to them is not taxable.
Sir, we strongly feel that you have been misdirected on this issue by the Academic and Financial section of our institute and we request for the following actions
1. Clarify the employer - employee status between the PG Students/Resident Doctors and the Institute.
2. If we are the employee of this institute and eligible for TDS ( Tax deduction at source - the current prevailing system), kindly make arrangement for payment of arrears and other benefits like medical reimbursement, HRA, book grants etc.
If we are not the employee of this institute then kindly stop deduction of TDS with immediate effect and make necessary arrangements for refunding the amount deducted so far.
3. Kindly let us know if any disciplinary action will be taken against the signing authorities of those misleading orders who have caused unnecessary trouble for this Institute of National Importance.
Sincerely yours'
Resident Doctors of SCTIMST
Thursday, January 8, 2009
IMPORTANT: Reply from the Director
Dear Friends,
We had a reply from the director via e-mail on 8.01.09 11:31 AM.
Dear Doctors,
The memorandum will be placed in the next Academic Committee meeting as discussed in the meeting held on 23rd December.
Thanking you
O/O the Director
Prof. K. Mohandas
Director
Sree Chitra Tirunal Institute for Medical Sciences & Technology
Immediate Past Chair, Association of Commonwealth Universities
Past President, Association of Indian Universities
Thiruvananthapuram-695011. India
Phone: + 91 471 2443085. Fax: + 91 471 2446433
We had a reply from the director via e-mail on 8.01.09 11:31 AM.
Dear Doctors,
The memorandum will be placed in the next Academic Committee meeting as discussed in the meeting held on 23rd December.
Thanking you
O/O the Director
Prof. K. Mohandas
Director
Sree Chitra Tirunal Institute for Medical Sciences & Technology
Immediate Past Chair, Association of Commonwealth Universities
Past President, Association of Indian Universities
Thiruvananthapuram-695011. India
Phone: + 91 471 2443085. Fax: + 91 471 2446433
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