Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
1.1 Introduction:
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Wages
Annuity or pension
Gratuity
Fees & Commission,
Perquisites
Profits in lieu of salary
Advance
Amount transferred from unrecognized provident fund to recognized provident fund
Contribution made by the Central Government or any other employee in the account
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1.
a)
b)
c)
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Parliament.
Leave travel concession to employees subject to provision of section 10(5)
Providing use of computer & laptop to an employee or any member of his household.
Providing medical facilities to an employee or any member of his family:
in a hospital maintained by the Government or any local authority or approved by the
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i.
ii.
1991 census.
15% of salary in other cities in respect of the period for which the
accommodation was occupied by the employee during the previous
year.
Accommodation is taken on lease / rent by the employer:
i. The value of such accommodation is actual amount of lease rental paid
or payable by the employer or 20% of salary, whichever is lower.
Salary: For the purpose of valuation of perquisites in respect of rent free accommodation,
salary includes
Basic Salary
DA
Bonus
Commission
Fees
All other taxable allowances
Any monetary payment
Hotel Accommodation:
If accommodation is provided in Hotel the value of the benefit in such a case shall be 24% of
the annual salary or the actual charges paid or payable to such hotel, whichever is lower.
Personal Attendants:
The value of benefit of provision of services of sweeper, watchman, gardener or personal
attendant to the employee or any member of his household shall be the actual cost to the
employer. If the above servants are engaged by the employer and facility of such servants are
provided to the employees, it will be a perquisite for specified employees only. On the other
hand, if these servants are employed by the employee and wages of such servants are paid /
reimbursed by the employer, it will be taxable perquisite for all classes of employees.
Gas, Electricity & Water:
The value of these benefits is taxable in the hands of specified employees, if the connection is
taken in the name of the employer, and is determined according to the following rules:
If the employer provides the supply of gas, electricity, and water from its own
sources, the manufacturing cost per unit incurred by the employer shall be the value
of perquisite.
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If the supply is from any other outside agency, the value of perquisite shall be the
amount paid by the employer to the agency supplying these facilities.
Where the employee is paying any amount in respect of such services, the amount so
paid shall be deducted from the value of perquisite calculated under (a) or (b).
Where the connection for gas, electricity, water supply is in the name of employee and
the bills are paid or reimbursed by the employer, it is an obligation of the employee
discharged by the employer. Such payment is taxable in case of all employees under
Section 17 (2) (IV).
Free or Concessional Education:
a) Cost of free education to any member of employees family provided in an
educational institution owned and maintained by the employer shall be determined
with reference to reasonable cost of such education in a similar institution in a near by
locality. For education facilities provided to the children of employee, the value shall
be nil, if the cost of such education per child does not exceed Rs.1, 000 per month.
b) Where free education facilities are allowed to any member of employees family in
any other educational institution by reason of his being in employment of that
employer, the value of perquisite shall be determined as in (a).
c) In any other case: The value of benefit of providing free or concessional educational
facilities for any member of the house hold (including children) of the employee shall
be the amount of expenditure incurred by the employer.
d) While calculating the amount of perquisite in all in above cases, any amount paid or
recovered from the employee in this connection, shall be deducted.
Interest Free or Concessional Loans:
The employees working or any family member in financial institutions get this facility. The
value of perquisites arising from such loans would be the excess of interest payable at
prescribed interest rate over interest.
Use of Assets:
It is common practice for an asset owned by the employer to be used by the employee. This
perquisite is to be charged at the rate of 10% of the original cost of the asset as reduced by
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any charges recovered from the employee fro such use. However, the use of computers &
laptops would not give rise any perquisites.
Provident Fund:
PF scheme provides for monthly contributions from the employees as well as the employer to
a PF account. The balance to the credit of such accounts also earns interest. The entire
balance is paid to an employee on his retirement. The taxability of
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o Employers contribution,
o Interest credited annually
o Balance paid on retirement depends upon the type of Provident Fund.
There are different types of PF
Allowances:
It is fixed amount regularly paid to an employee in addition to his basic salary for various
purposes. Thus Expense Allowances are granted to meet expenses for the performance of
duties or to meet the employees personal expenses at office. Dearness Allowance, City
Compensatory Allowance or House Rent are granted to compensate him for the increased
cost of living. All Allowances are taxable as salaries, unless specifically exempted.
Exempt u/s 10: Following allowances are exempt to the extent provided under section 10.
Allowances for expenses on travelling on tour or transfer, conveyance on office duties,
outstation duties, Helpers in Office, Professional research or development, & purchase and
maintenance of uniform are fully exempt to the extent actually spent.
Leave travel allowance & house rent allowance are exempt to the extent of lower of the
amount actually spent or the prescribed limits.
Allowances for duties at difficult areas. Children education allowance and Children hostel
expenses allowance are exempt to the extent of lower of allowance received or the lump-sum
amount prescribed irrespective of actual expenditure.
Allowances and perquisites paid outside India by the Government to a citizen of India for
rendering service outside India.
Deductions u/s 16: Further, Entertainment allowance can be deducted from the Gross Salary
to the extent provided under section 16(ii).
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There are various exemptions under the income tax act. They are as follows:
In case of an individual,
The value of any travel concession or assistance received by or due to him,
From his employer for himself & his family, in connection with his proceeding on
leave to any place in India.
Or, from his employer or former employer for himself and his family, for proceeding
to any place in India after retirement from service or after the termination of his
service,
Subject to the conditions prescribed as to the number of journeys and the amount
exempt per head.
Family of an individual includes: His spouse & children, his parents, brothers & sisters who
are dependent on the individual.
Rules prescribed:
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Different Situations
Where journey is performed by air
Where journey is performed by rail
Where the places of origin of journey and
destination are connected by rail and journey
is performed by any other mode of transport
Where the places of origin of journey and
destination or part thereof) are not connected
by rail.
Where a recognized public transport exists.
Where no recognized public transport system
exists.
Amount of Exemption
Amount of air economy fare of the National
Carrier by the shortest route or the amount
spent, whichever is less.
Amount of air-conditioned first class rail fare
by the shortest route or the amount spent,
whichever is less.
Amount of air-conditioned first class rail fare
by the shortest route or the amount spent,
whichever is less
Other Points:
Only 2 journeys in a block of 4 years is exempt- Exemption on the aforesaid basis is available
in respect of 2 journeys performed in a block of four calendar years commencing from 1987.
The current block 2003-2006 runs from January 1, 2011 to December 31, 2014.
Carry-over concession- Any un-availed travel concession(s) during a particular block can be
claimed in the first calendar year of the next block (but in respect of only one journey).
Gratuity:
Gratuity is lump-sum amount paid to an employee, on the basis of the duration of his
employment, on termination of service due to retirement, resignation, death etc. It is exempt
from tax, either fully or partly, depending on the type of employee receiving it. Gratuity
received while still in service is not exempt; it is taxable as salary.
a)
b)
c)
d)
Basically, gratuity is equal to 15 days salary, for every completed year of service.
In case of a seasonal establishment, 7 days salary is taken instead of 15 days;
26 days refer to the working days per month;
Salary includes Basic + Dearness Allowance, but excludes bonus, commission, other
allowances, over time, etc.
4. Salary for this clause, includes basic salary, dearness allowance and commission at
fixed percentage on turnover achieved by employee.
5. Completed years of service means only completed years; part of year, even if more
than 6 months is to be ignored & not rounded off.
6. Note that while the gratuity under this clause is calculated on the basis of the average
salary for last 10 months, gratuity under Payment of Gratuity Act, 1972 is calculated
on the basis of last salary drawn.
Commutation of Pension:
Pension is the monthly payment by the e-employer to a retired employee which is taxed as
salary. An employee may opt to get a one time lump sum payment in lieu of such monthly
payments. This is known as commutation of pension, which is exempt fully or partly
depending on the category of the employee, as explained below.
Government Employees:
A payment in commutation of pension is fully exempt, if received under
Other Employees:
Any payment in commutation of pension received under any scheme of any other employer is
exempt to the extent, it does not exceed
Where the employee receives any gratuity, the commuted value of 1/3 of the pension
which he is normally entitled to receive.
In any other case, the commuted value of of such pension.
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Retrenchment Compensation:
Conditions:
1. any compensation received by a workman under the Industrial Disputes Act, 1947 (14
of 1947 ), or under any other Act or Rules, orders or notifications issued there under
or under any standing orders or under any award, contract of service or otherwise,
2. at the time of his retrenchment (dismissal from job), or
the closing down of the undertaking in which he is employed, or
the transfer of services of the workman due to change in the management or
ownership of the undertaking, if his service is interrupted due to such transfer
or his new service conditions are less favourable or the new employer is not
liable to pay retrenchment compensation in respect of the earlier period of
service;
3. Limited upto the amount Calculated u/s 25F(b) the Industrial Disputes Act, or
Notified by the Central Government, whichever is less;
4. Except that no limit is applicable in respect of any compensation received under a
scheme approved by the Central Government.
Amount of Exemption:
The amount is the least of the following:
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1. Amount calculated at 15 days average pay for every completed year of continuous
service or any part thereof in excess of 6 months. Month for this purpose should be
taken as 26 days.
2. Rs. 5,00,000.
3. Retrenchment compensation actually received
3.
4.
5.
6.
Such tax paid cannot be claimed as business expenditure by the employer, as provided in S.
40(a)(vi)
Actual rent allowance the employer provides as part of salary in the relevant period during
which the rental accommodation was occupied Actual rent paid for the house, less 10 per cent
of basic pay 50 percent of basic salary if you reside in Mumbai, Calcutta, Delhi or Chennai,
or 40 per cent if you reside in other cities.
In order to claim the exemption, the rent must actually be paid for the rented premises which
you occupy.
Also, the rented premises must not be owned by you. As long as the rented house is not
owned by you, the exemption of HRA will be available up to the limits specified.
For the purpose of this deduction, salary means basic salary and includes dearness allowance,
if the terms of employment provide it, and commission based on a fixed percentage of
turnover achieved by the employee.
The deduction is available only for the period during which the rented house is occupied by
the employee and not for any period after that. It is to be noted that the tax benefits for home
loans and HRA are two separate aspects.
In case you are paying rent for an accommodation, you can claim tax benefits on the HRA
component of your salary, while also availing tax benefits on a home loan.
You need to submit proof of rent paid through rent receipts, duly signed and stamped, along
with other details such as the rented residence address, name of the owner, period of rent etc.
How it applies:-For example, assume one earns a basic salary of Rs 20,000 per month and
rents a flat in Mumbai for Rs 5,000 per month. His actual HRA is Rs 8,000. He is eligible for
50 percent of the basic pay for HRA exemption.
Least of:
o
Excess of rent paid over 10 percent of salary, i.e., Rs 5,000 less Rs 2,000 Rs 3,000.
As such, Rs 3,000 per month is the least and will be the exemption allowable for HRA
deduction.
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[ Provided that nothing in sub-clause (ii) shall apply to any allowance in the nature of
personal allowance granted to the assessee to remunerate or compensate him for performing
duties of a special nature relating to his office or employment unless such allowance is related
to the place of his posting or residence; ] 4
1. Substituted by Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Earlier, clause
(14), as amended by the Finance Act, 1975 w.r.e.f. 1-4-1962, stood as follows:.
"(14) any special allowance or benefit, not being in the nature of an entertainment allowance
or other perquisite within the meaning of clause (2) of section 17, specifically granted to meet
expenses wholly, necessarily and exclusively incurred in the performance of the duties of an
office or employment of profit, to the extent to which such expenses are actually incurred for
that purpose.
Explanation: For the removal of doubts, it is hereby declared that any allowance granted to
the assessee to meet his personal expenses at the place where the duties of his office or
employment of profit are ordinarily performed by him or at the place where he ordinarily
resides shall not be regarded, for the purposes of this clause, as a special allowance granted to
meet expenses wholly, necessarily and exclusively incurred in the performance of such
duties;"
2. Substituted by Finance Act, 1995, w.e.f. 1-7-1995. Prior to the amendment it read as
follows:
"as the Central Government may, by notification in the Official Gazette specify."
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3. Substituted by Finance Act, 1995, w.e.f. 1-7-1995. Prior to the amendment it read as
follows:
"as the Central Government may, by notification in the Official Gazette, specify to the extent
specified in the notification."
4. Inserted by Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1989.
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The following two deductions from Gross Salary are allowed vide Section 16: (1)
Entertainment Allowance & Professional Tax.
A. Entertainment Allowance:
Only to Govt. Employee:
Entertainment allowance is initially included in Gross Taxable Salary. Thereafter, section 16
(ii) allows a deduction from salaries only to the Government employees to the least of the
following:
a)
b)
c)
Basic Salary:
Baisc salary above would include DA if it forms part of salary, but exclude bonus,
allowances, benefits & perquisites.
The deduction is allowed for the EA as such, irrespective of the actual amount spent on
entertainment by the employee.
B. Professional Tax:
Section 16 (iii)allows a deduction from salaries of the amount of a tax on employment levied
by or under any law by the State Government under Arcticle 276 of the Constitution.
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