71138bos57143 Cp4u1
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HEADS OF INCOME
UNIT – 1 : SALARIES
LEARNING OUTCOMES
*
In case of furnished accommodation, the value will be increased by 10% p.a. of the cost of furniture or
hire charges, as the case may be, less amount recovered from the employees.
* provided employer maintains the complete details of such journey and expenditure thereon and
gives a certificate that such expenditure are incurred wholly for official use.
Notes:
1.1 INTRODUCTION
The provisions pertaining to Income under the head “Salaries” are contained in
section 15, 16 and 17 in the following manner.
Deduction
(Section 16)
- Standard deduction
- Entertainment allowance
- Professional tax
Chargeability
(Section 15) Meaning
- Salary due (Section 17)
- Salary paid or allowed, though - Salary
Income - Perquisite
not due
under the
- Arrears of salary - Profits in lieu of salary
head
"Salaries"
Example 5:
Mr. A, an employee instructs his employer that he is not interested in
receiving the salary for April 2022 and the same might be donated to a
charitable institution.
In this case, Mr. A cannot claim that he cannot be charged in respect of
the salary for April 2022. It is only due to his instruction that the
donation was made to a charitable institution by his employer. It is only an
application of income.
Hence, the salary for the month of April 2022 will be taxable in the hands
of Mr. A. He is, however, entitled to claim a deduction under section 80G for the
amount donated to the institution. [The concept of deductions is explained in
detail in Chapter 7].
1.2.1
ExampleAdvance Salary
7: If A draws his salary in advance for the month of April 2023 in the
month of March 2023 itself, the same
Advance salary is taxable when it is received becomesby chargeable
the employee on receipt basisofand
irrespective the
is to be assessed as income of the P.Y.2022-23 i.e., A.Y.2023-24.
fact whether it is due or not. It may so happen that when advance salary is However, the
salary forand
included the A.Y.2024-25
charged in awill not include
particular that ofyear,
previous April the
2023.
rate of tax at which the
employee is assessed
Example 8: If the salarymaydue
be for
higher
March than theis normal
2023 received rate
by A of
latertax to month
in the which of
he
would have been
April 2023, it is assessed. Sectionas89income
still chargeable provides of for
the relief in thesei.e.,
P.Y.2022-23 types of cases.
A.Y.2023-24
The concept of relief under section 89 is explained in this unit later on.
on due basis. Obviously, salary for the A.Y.2024-25 will not include that of March
2023.
Difference between advance salary and advance against salary
Loan is different from salary. When an employee takes a loan from his employer,
which is repayable in certain specified installments, the loan amount cannot be
brought to tax as salary of the employee.
Similarly, advance against salary is different from advance salary. It is an advance
taken by the employee from his employer. This advance is generally adjusted with
his salary over a specified time period. It cannot be taxed as salary.
Example 9:
1.3 SALARY, PERQUISITE AND PROFITS IN LIEU
If the Pay Commission
OF SALARY is appointed by the Central
(SECTION 17) Government and it recommends
revision of salaries of employees with retrospective date, the arrears received in that
connection will be charged on receipt17basis. Here also, relief under section 89 is
Section
available.
(1) Wages
In common parlance, the term “wages” means fixed regular payment earned for
work or services. The words “wages”, “salary”, “basic salary” are used
interchangeably. Moreover, the payments in the form of Bonus, Allowances etc.
made to the employee are also included within the meaning of salary.
Under the Income-tax Act, there are certain payments made which are fully
taxable, partly taxable and fully exempt. For Example, wages, salary, bonus,
dearness allowance etc. are fully taxable payments. Whereas monetary benefits in
the form of allowances such as House Rent Allowance, conveyance allowance etc.
are partially taxable.
Allowances
Different types of allowances are given to employees by their employers.
Generally allowances are given to employees to meet some particular
requirements like house rent, expenses on uniform, conveyance etc. Under the
Income-tax Act, 1961, allowance is taxable on due or receipt basis, whichever is
earlier. Various types of allowances normally in vogue are discussed below:
Allowances
Fully Taxable Partly Taxable Fully Exempt
(i) Entertainment Allowance (i) House Rent (i) Allowances to
(ii) Dearness Allowance Allowance [u/s High Court
(iii) Overtime Allowance 10(13A)] Judges
(iv) Fixed Medical Allowance
Allowances
Fully Taxable Partly Taxable Fully Exempt
(v) City Compensatory (ii) Special (ii) Allowance paid
Allowance (to meet Allowances [u/s by the United
increased cost of living in 10(14)] Nations
cities) Organization
(vi) Interim Allowance (iii) Compensatory
(vii) Servant Allowance Allowance
(viii) Project Allowance received by a
judge
(ix) Tiffin/Lunch/Dinner
Allowance (iv) Sumptuary
allowance
(x) Any other cash allowance
granted to High
(xi) Warden Allowance
Court or
(xii) Non-practicing Supreme Court
Allowance Judges
(xiii) Transport allowance to (v) Allowance
employee other than granted to
blind/ deaf and dumb/ Government
orthopedically employees
handicapped employee outside India.
Notes:
1. Exemption is not available to an assessee who lives in his own house,
or in a house for which he has not incurred the expenditure of rent.
2. Salary for this purpose means basic salary, dearness allowance, if
provided in terms of employment and commission as a fixed
percentage of turnover.
3. Relevant period means the period during which the said
accommodation was occupied by the assessee during the previous year.
ILLUSTRATION 1
Mr. Raj Kumar has the following receipts from his employer:
(1) Basic pay ` 40,000 p.m.
(2) Dearness allowance (D.A.) ` 6,000 p.m.
(3) Commission ` 50,000 p.a.
(4) Motor car for personal use (expenses met by the employer) ` 1,500 p.m.
(5) House rent allowance ` 15,000 p.m.
Find out the amount of HRA eligible for exemption to Mr. Raj Kumar
assuming that he paid a rent of ` 16,000 p.m. for his accommodation at
Kanpur. DA forms part of salary for retirement benefits.
SOLUTION
HRA received ` 1,80,000
Less: Exempt under section 10(13A) [Note] ` 1,36,800
Taxable HRA ` 43,200
Note: Exemption shall be least of the following three limits:
(a) the actual amount received (` 15,000 × 12) = ` 1,80,000
(b) excess of the actual rent paid by the assessee over 10% of his salary
= Rent Paid (-) 10% of salary for the relevant period
= (` 16,000×12) (-) 10% of [(` 40,000+` 6,000) × 12]
= ` 1,92,000 - ` 55,200 = ` 1,36,800
(c) 40% salary as his accommodation is situated at Kanpur
= 40% of [(` 40,000+ ` 6,000) × 12] = ` 2,20,800
Note: For the purpose of exemption under section 10(13A), salary includes
dearness allowance only when the terms of employment so provide, but
excludes all other allowances and perquisites.
(2) Special allowances to meet expenses relating to duties or personal
expenses [Section 10(14)]
This clause provides for exemption (as per Rule 2BB) in respect of the
following:
(i) Special allowances or benefit, not being in the nature of a perquisite,
specifically granted to meet expenses incurred wholly, necessarily and
exclusively in the performance of the duties of an office or
employment of profit [Section 10(14)(i)]
For the allowances under this category, there is no limit on the
amount which the employee can receive from the employer, but
whatever amount is received should be fully utilized for the purpose
for which it was given to him.
(ii) Special allowances granted to the assessee either 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 or to compensate him for the increased cost of
living. [Section 10(14)(ii)]
For the allowances under this category, there is a limit on the
amount which the employee can receive from the employer. Any
amount received by the employee in excess of these specified limits
will be taxable in his hands as income from salary for the year. It does
not matter whether the amount which is received is actually spent or
not by the employee for the purpose for which it was given to him.
Rule 2BB
The following allowances have been prescribed in Rule 2BB:
Allowances prescribed for the purposes of section 10(14)(i)
(a) any allowance granted to meet the cost of travel on tour or on
transfer (Travelling Allowance);
Explanation - “allowance granted to meet the cost of travel on
transfer” includes any sum paid in connection with the transfer,
packing and transportation of personal effects on such transfer.
(b) any allowance, whether granted on tour or for the period of journey in
connection with transfer, to meet the ordinary daily charges incurred
by an employee on account of absence from his normal place of duty
(Daily allowance);
(c) any allowance granted to meet the expenditure incurred on
conveyance in performance of duties of an office or employment of
profit (Conveyance Allowance);
(d) any allowance granted to meet the expenditure incurred on a helper
where such helper is engaged in the performance of the duties of an
office or employment of profit (Helper Allowance);
(e) any allowance granted for encouraging the academic, research and
training pursuits in educational and research institutions (Research
allowance);
†
Bishamber Dayalv. CIT [1976] 103 ITR 813 (MP).
1. Judges of the Supreme Court and High Court will be entitled to exemption
of the entire commuted portion.
2. Any commuted pension received by an individual out of annuity plan of the
Life Insurance Corporation of India (LIC) from a fund set up by that
Corporation will be exempted.
Pension
Commuted Uncommuted
Fully
Employees of the Central Other Employees taxable
Government/ local authorities/
Statutory Corporation/ members of
Civil Services/ Defence Services etc. If the employee does
If the employee is in
not receive any
receipt of gratuity
gratuity
Fully exempt u/s
10(10A)(i) 1/2 x (commuted
1/3 x (commuted pension pension received ÷
received ÷ commutation %) x commutation %) x 100,
100, would be exempt u/s would be exempt u/s
10(10A)(ii)(a) 10(10A)(ii)(b)
ILLUSTRATION 3
Mr. Sagar who retired on 1.10.2022 is receiving ` 5,000 p.m. as pension. On 1.2.2023,
he commuted 60% of his pension and received ` 3,00,000 as commuted pension. You
are required to compute his taxable pension assuming:
(a) He is a government employee.
(b) He is a private sector employee and received gratuity of ` 5,00,000 at the
time of retirement.
(c) He is a private sector employee and did not receive any gratuity at the time of
retirement.
SOLUTION
(a) He is a government employee
Uncommuted pension received (October – March) `
24,000 [(` 5,000 × 4 months) + (40% of ` 5,000 × 2 months)]
Commuted pension received ` 3,00,000
Less: Exempt u/s 10(10A) ` 3,00,000 NIL
Taxable pension ` 24,000
(b) He is a private sector employee and received gratuity ` 5,00,000 at the
time of retirement
Uncommuted pension received (October – March) `
24,000 [(` 5,000 × 4 months) + (40% of ` 5,000 × 2 months)]
Commuted pension received ` 3,00,000
Less: Exempt u/s 10(10A)
1 ` 3,00,000
100% ` 1,66,667 ` 1,33,333
60% 3
Taxable pension ` 1,57,333
(c) He is a private sector employee and did not receive any gratuity at the
time of retirement
Uncommuted pension received (October – March) `
24,000 [(` 5,000 × 4 months) + (40% of ` 5,000 × 2 months)]
Gratuity
Received during
service Received at the time of
retirement/Death
Fully
Taxable Employees of Central Other
Government/ Members of Employees
Civil Services/ local
authority employees etc. Covered under Not covered under
the Payment of the Payment of
Gratuity Act, 1972 Gratuity Act, 1972
Fully
Exempt Least of the following
would be exempt u/s Least of the
10(10)(ii): following would
be exempt u/s
- ` 20 lakh 10(10)(iii):
- Actual gratuity - ` 20 lakh
received
- Actual gratuity
- 15 days' salary (based received
on last drawn salary) for
every completed year of - Half month salary
service or part in excess (based on avg of
of 6 months (No. of days last 10 months
in a month to be taken salary) for every
as 26) completed year of
service
ILLUSTRATION 4
Mr. Ravi retired on 15.6.2022 after completion of 26 years 8 months of service and
received gratuity of ` 15,00,000. At the time of retirement, his salary was:
Basic Salary : ` 50,000 p.m.
Dearness Allowance : ` 10,000 p.m. (60% of which is for retirement benefits)
Commission : 1% of turnover (turnover in the last 12 months was
` 1,20,00,000)
Bonus : ` 25,000 p.a.
Compute his taxable gratuity assuming:
(a) He is private sector employee and covered by the Payment of Gratuity Act, 1972.
(b) He is private sector employee and not covered by Payment of Gratuity Act, 1972.
(c) He is a Government employee.
SOLUTION
(a) He is covered by the Payment of Gratuity Act 1972
Gratuity received at the time of retirement ` 15,00,000
Less: Exemption under section 10(10)
Least of the following:
i. Gratuity received ` 15,00,000
ii. Statutory limit ` 20,00,000
iii. 15 days’ salary based on last drawn
salary for each completed year of service
or part thereof in excess of 6 months
15
×last drawn salary × years of service
26
15
× (50,000 + 10,000) x 27= ` 9,34,615 ` 9,34,615
2
Taxable Gratuity ` 5,65,385
(b) He is not covered by the Payment of Gratuity Act 1972
Gratuity received at the time of retirement ` 15,00,000
Less: Exemption under section 10(10) (Note) ` 8,58,000
Taxable Gratuity ` 6,42,000
Note: Exemption under section 10(10) is least of the following:
(i) Gratuity received ` 15,00,000
(ii) Statutory limit ` 20,00,000
(iii) Half month’s salary based on average salary of last 10 months
preceding the month of retirement for each completed year of service.
1
i.e. Average salary × years of service
2 ×
10
50,00010 10,000 60% 10 1% 1,20,00,000
12
1
= 26
2 10
= ` 8,58,000
Leave Encashment
Received during
the period of Received on
service retirement, whether
on Superannuation
or otherwise
Fully Taxable
By a
Government By any
employee other
employee
Fully exempt Least of the
u/s 10(10AA) following is exempt
(i) u/s 10(10AA)(ii)
Leave salary
` actually 10 months' Cash equivalent of
received salary (on the unavailed leave (Based
basis of average on last 10 months
salary of last 10 average salary) to his
months credit at the time of
preceding retirement
retirement)
Earned leave
entitlement cannot
exceed 30 days for
every year of
actual service
ILLUSTRATION 5
Mr. Gupta retired on 1.12.2022 after 20 years of service and received leave salary of
` 5,00,000. Other details of his salary income are:
Basic Salary : ` 5,000 p.m. (` 1,000 was increased w.e.f. 1.4.2022)
Dearness Allowance : ` 3,000 p.m. (60% of which is for retirement benefits)
i.e.
Leave due (in days) salary p.m.
Average
30 days
120 days ` 66,000
=
` 26,400
30 days 10
(7) Provident fund
Provident fund scheme is a scheme intended to give substantial benefits to an
employee at the time of his retirement. Under this scheme, a specified sum is
deducted from the salary of the employee as his contribution towards the fund.
The employer also generally contributes the same amount out of his pocket, to
the fund. The contributions of the employer and the employee are invested in
approved securities. Interest earned thereon is also credited to the account of the
employee. Thus, the credit balance in a provident fund account of an employee
consists of the following:
(i) employee’s contribution
(ii) interest on employee’s contribution
(iii) employer’s contribution
(iv) interest on employer’s contribution.
The accumulated balance is paid to the employee at the time of his retirement or
resignation. In the case of death of the employee, the same is paid to his legal heirs.
The provident fund represents an important source of small savings available to
the Government. Hence, the Income-tax Act, 1961 gives certain deductions on
savings in a provident fund account.
Recognised Provident
Unrecognised
Fund (RPF) Provident Fund
Statutory
(URPF)
Provident Fund (SPF)
Public Provident Fund (PPF)
Income-tax Act, 1961. This schedule contains various rules regarding the
following:
(iii) Statutory Provident Fund (SPF): The SPF is governed by Provident Funds
Act, 1925. It applies to employees of government, railways, semi-
government institutions, local bodies, universities and all recognised
educational institutions.
(iv) Public Provident Fund (PPF): Public provident fund is operated under the
Public Provident Fund Act, 1968. A membership of the fund is open to every
individual though it is ideally suited to self-employed people. A salaried
employee may also contribute to PPF in addition to the fund operated by his
employer. An individual may contribute to the fund on his own behalf as also
on behalf of a minor of whom he is the guardian.
from Other
Sources’.
Employer’s
contribution
and interest
thereon is
taxable as
“Profit in
lieu of
salary” u/s
17(3).
Salary for this purpose means basic salary and dearness allowance, if provided in
the terms of employment for retirement benefits and commission as a percentage of
turnover.
Note - Interest credited on contribution by such person/employee
As per section 10(11), any payment from a Provident Fund (PF) to which Provident
Fund Act, 1925, applies or from Public Provident Fund would be exempt.
Accumulated balance due and becoming payable to an employee participating in
a Recognized Provident Fund (RPF) would be exempt under section 10(12).
However, the exemption under section 10(11) or 10(12) would not be available in
respect of income by way of interest accrued during the previous year to the
extent it relates to the amount or the aggregate of amounts of contribution made
by that person/employee exceeding ` 2,50,000 in any previous year in that fund,
on or after 1st April, 2021.
If the contribution by such person/employee is in a fund in which there is no
employer’s contribution, then, a higher limit of ` 5,00,000 would be applicable for
such contribution, and interest accrued in any previous year in that fund, on or
after 1st April, 2021 would be exempt upto that limit.
It may be noted that interest accrued on contribution to such funds upto 31st
March, 2021 would be exempt without any limit, even if the accrual of income is
after that date.
The CBDT has, vide Rule 9D, notified the manner to calculate taxable interest
relating to contribution in a provident fund or recognized provident fund, exceeding
threshold limit.
Interest income accrued during the previous year which is not exempt from
inclusion in the total income of a person (taxable interest) shall be computed as the
interest accrued during the previous year in the taxable contribution account.
For this purpose, separate accounts within the provident fund account shall be
maintained during the previous year 2021-22 and all subsequent previous years for
taxable contribution and non-taxable contribution made by a person.
Has the employee rendered continuous service of at least 5 years with the employer?
YES NO
Are his services terminated due to (i) his ill-health (ii) contraction or discon
Exempt (iii) any other cause beyond the control of the employee?
Yes No
Exempt
Is the entire
nce standing to the credit of the employee transferred to his individual account in any RPF maintained balance
with his new employer?
Nostanding to the credit No Taxable*
of the employee transferred to his NPS account referred to in section 80CCD and notified by the C
Yes
Yes
Exempt Exempt
* Where the accumulated balance in Recognised Provident Fund becomes taxable, the tax payable
in each of the years would be computed as if the fund had been an Unrecognised Provident Fund
and the difference in tax would be payable by the employee.
Note:
If, after termination of his employment with one employer, the employee obtains
employment under another employer, then, only so much of the accumulated
balance in his provident fund account will be exempt which is transferred to his
individual account in a recognised provident fund maintained by the new employer.
In such a case, for exemption of payment of accumulated balance by the new
employer, the period of service with the former employer shall also be taken into
account for computing the period of five years’ continuous service.
ILLUSTRATION 6
Mr. A retires from service on December 31, 2022, after 25 years of service. Following
are the particulars of his income/investments for the previous year 2022-23:
Particulars `
Basic pay @ ` 16,000 per month for 9 months 1,44,000
Dearness pay (50% forms part of the retirement benefits) ` 8,000 72,000
per month for 9 months
Lumpsum payment received from the Unrecognized Provident Fund 6,00,000
Deposits in the PPF account 40,000
Out of the amount received from the unrecognised provident fund, the employer’s
contribution was ` 2,20,000 and the interest thereon ` 50,000. The employee’s
contribution was ` 2,50,000 and the interest thereon ` 60,000. What is the taxable
portion of the amount received from the unrecognized provident fund in the hands of
Mr. A for the assessment year 2023-24?
SOLUTION
Taxable portion of the amount received from the URPF in the hands of Mr. A for
the A.Y. 2023-24 is computed hereunder:
Particulars `
Amount taxable under the head “Salaries”:
Employer’s share in the payment received from the URPF 2,20,000
Interest on the employer’s share 50,000
Total 2,70,000
Amount taxable under the head “Income from Other Sources”:
Interest on the employee’s share 60,000
Total amount taxable from the amount received from the fund 3,30,000
Note: Since the employee is not eligible for deduction under section 80C for
contribution to URPF at the time of such contribution, the employee’s share received
from the URPF is not taxable at the time of withdrawal as this amount has already
been taxed as his salary income.
ILLUSTRATION 7
Will your answer be any different if the fund mentioned above was a recognised
provident fund?
SOLUTION
Since the fund is a recognised one, and the maturity is taking place after a service of
25 years, the entire amount received on the maturity of the RPF will be fully exempt
from tax.
ILLUSTRATION 8
Mr. B is working in XYZ Ltd. and has given the details of his income for the P.Y. 2022-
23. You are required to compute his gross salary from the details given below:
Basic Salary ` 10,000 p.m.
D.A. (50% is for retirement benefits) ` 8,000 p.m.
Commission as a percentage of turnover 0.1%
Turnover during the year ` 50,00,000
Bonus ` 40,000
Gratuity ` 25,000
His own contribution in the RPF ` 20,000
Employer’s contribution to RPF 20% of his basic salary
Interest accrued in the RPF @ 13% p.a. ` 13,000
SOLUTION
Computation of Gross Salary of Mr. B for the A.Y.2023-24
Particulars ` `
Basic Salary [ ` 10,000 × 12] 1,20,000
Dearness Allowance [` 8,000 × 12] 96,000
Commission on turnover [0.1% × ` 50,00,000] 5,000
Bonus 40,000
Notes:
1. The above limits will not be applicable to cases where the compensation is paid
under any scheme approved by the Central Government for giving special
protection to workmen under certain circumstances.
2. Average pay means average of the wages payable to a workman
- in the case of monthly paid workman, in the three complete calendar months,
- in the case of weekly paid workman, in the four calendar weeks,
- in the case of daily paid workman, in the twelve full working weeks,
preceding the date on which the average pay becomes payable if the workman had
worked for three complete calendar months or four complete weeks or twelve full
working days, as the case may be, and where such calculation cannot be made, the
average pay shall be calculated as the average of the wages payable to a workman
during the period he actually worked.
3. Wages for this purpose means all remuneration capable of being expressed in
terms of money, which would, if the terms of employment, expressed or implied,
were fulfilled, be payable to a workman in respect of his employment or of work
done in such employment, and includes
- such allowances including DA as the workman is for the time being entitled to;
- the value of any house accommodation, or of supply of light, water, medical
attendance or other amenity or of any other service or of any concessional
supply of foodgrains or other articles;
- any travel concession; and
- any commission payable on the promotion of sales or business or both
However, it does not include
- any bonus;
- contribution to a retirement benefit scheme;
- any gratuity payable on the termination of his service.
retirement, he was drawing basic salary ` 20,000 p.m.; Dearness allowance (which
forms part of pay) ` 5,000 p.m. Compute his taxable voluntary retirement
compensation, assuming that he does not claim any relief under section 89.
SOLUTION
Voluntary retirement compensation received ` 7,00,000
Less: Exemption under section 10(10C) [See Note below] ` 5,00,000
Taxable voluntary retirement compensation ` 2,00,000
Note: Exemption is to the extent of least of the following:
(i) Compensation actually received = ` 7,00,000
(ii) Statutory limit = ` 5,00,000
(iii) 3 months’ salary × completed years of service
= (` 20,000 + ` 5,000) × 3 × 30 years = ` 22,50,000
(iv) Last drawn salary × remaining months of service left
= (` 20,000 + ` 5,000) × 6 × 12 months = ` 18,00,000
1.3.3 Perquisites
The term ‘perquisite’ indicates some extra benefit in addition to the amount that
may be legally due by way of contract for services rendered. In modern times, the
salary package of an employee normally includes monetary salary and perquisites
like housing, car etc.
Perquisite may be provided in cash or in kind.
Reimbursement of expenses incurred in the official discharge of duties is not a
perquisite.
Perquisite may arise in the course of employment or in the course of
profession. If it arises from a relationship of employer-employee, then the value
of the perquisite is taxable as salary. However, if it arises during the course of
profession, the value of such perquisite is chargeable as profits and gains of
business or profession.
Perquisite will become taxable only if it has a legal origin. An unauthorised
advantage taken by an employee without his employer’s sanction cannot be
considered as a perquisite under the Act.
Types of Perquisites
In other words, interest, dividend or any other amount of similar nature on the
amount which is included in total income under section 17(2)(vii) would also be
treated as a perquisite.
The CBDT has, vide Rule 3B, notified the following manner to compute the annual
accretion by way of interest, dividend or any other amount of similar nature
during the previous year-
TP = (PC/2)*R + (PC1 + TP1)*R
Where,
Where the amount or aggregate of amounts of TP1 and PC1 exceeds the amount or
aggregate of amounts of balance to the credit of the specified fund or scheme on
the first day of the current previous year, then, the amount in excess of the amount
or aggregate of amounts of the said balance shall be ignored for the purpose of
computing the amount or aggregate of amounts of TP1 and PC1.
ILLUSTRATION 10
Mr. X is appointed as a CFO of ABC Ltd. in Mumbai from 1.9.2020. His basic salary is
` 6,00,000 p.m. He is paid 8% as D.A. He contributes 10% of his pay and D.A. towards
his recognized provident fund and the company contributes the same amount. The
accumulated balance in recognized provident fund as on 1.4.2021, 31.3.2022 and
31.3.2023 is ` 50,35,000, ` 71,46,700 and ` 94,57,700, respectively. Compute the
perquisite value chargeable to tax in the hands of Mr. X u/s 17(2)(vii) and 17(2)(viia) for
the A.Y. 2022-23 and A.Y. 2023-24.
SOLUTION
Computation of perquisite value taxable u/s 17(2)(vii) and 17(2)(viia) for
A.Y. 2022-23
1. Perquisite value taxable u/s 17(2)(vii) = ` 7,77,600, being employer’s
contribution to recognized provident fund during the P.Y. 2021-22 –
` 7,50,000 = ` 27,600
2. Perquisite value taxable u/s 17(2)(viia) = Annual accretion on perquisite
taxable u/s 17(2)(vii) = (PC/2)*R + (PC1 + TP1)*R
= (27,600/2) x 0.0914 + 0
= ` 1,261
Note – Since the employee’s contribution to RPF exceeds ` 2,50,000 in the P.Y.2021-
22, interest on ` 5,48,600 (i.e., ` 7,77,600 – ` 2,50,000) will also be chargeable to tax.
Computation of perquisite value taxable u/s 17(2)(vii) and 17(2)(viia)
for A.Y. 2023-24
1. Perquisite value taxable u/s 17(2)(vii) = ` 7,77,600, being employer’s
contribution to recognized provident fund during the P.Y. 2022-23 –
` 7,50,000 = ` 27,600
2. Perquisite value taxable u/s 17(2)(viia) = Annual accretion on perquisite
taxable u/s 17(2)(vii) = (PC/2)*R + (PC1 + TP1)*R
= (27,600/2) x 0.0910 + (27,600 + 1,261) x 0.0910
= ` 1,256 + ` 2,626
= ` 3,882
Note – Interest on the aggregate of following will also be chargeable to tax during
A.Y. 2023-24 –
(i) ` 5,48,600 [Employee’s contribution exceeding ` 2,50,000 during P.Y. 2021-22]
(ii) ` 5,48,600 [Employee’s contribution exceeding ` 2,50,000 during P.Y. 2022-23]
Example 13:
An employee does not avail any LTC for the block 2018-21. He is allowed to
carry forward maximum one unavailed LTC to be used in the succeeding
block of 2022-25. Accordingly, if he avails LTC in April, 2022, the same
will be treated as having availed in respect of the block 2018-2021.
Therefore, he will be eligible for exemption in respect of that journey and two
more journeys can be further availed in respect of the block of 2022-25.
SOLUTION
Since the son’s age is more than the twin daughters, Mr. D can avail exemption
for all his three children. The restriction of two children is not applicable to
multiple births after one child. The holiday being in India and the journey being
performed by air (economy class), the entire reimbursement met by the employer
is fully exempt.
ILLUSTRATION 12
In the above illustration 11, will there be any difference if among his three children the
twins were 5 years old and the son 3 years old? Discuss.
SOLUTION
Since the twins’ age is more than the son, Mr. D cannot avail for exemption for all his
three children. LTC exemption can be availed in respect of only two children. Taxable
LTC = 15,000 1
= ` 5,000.
3
LTC exempt would be only ` 55,000 (i.e. ` 60,000 – ` 5,000)
Medical facilities [Proviso to section 17(2)]
The following medical facilities are exempt from tax:
(i) Value of medical treatment in any hospital maintained by the
employer: The value of any medical treatment provided to an employee or
any member of his family in any hospital maintained by the employer;
(ii) Reimbursement of expenditure actually incurred on medical treatment:
Any sum paid by the employer in respect of any expenditure actually
incurred by the employee on his medical treatment or treatment of any
member of his family
in any hospital maintained by the Government/local authority/any
other hospital approved by the Government for the purpose of
medical treatment of its employees;
in respect of the prescribed disease or ailments in any hospital
approved by the Principal Chief Commissioner or Chief Commissioner
having regard to the prescribed guidelines.
in respect of any illness relating to COVID-19 subject to conditions
notified by the Central Government
Particulars ` `
‡
CIT vs. Lala Shri Dhar [1972] 84 ITR 19 (Del.)
In other words, for computing the limit of ` 50,000, the following items
have to be excluded or deducted:
(a) all non-monetary benefits;
(b) monetary benefits which are exempt under section 10. This is because the
exemptions provided under section 10 are excluded completely from
salaries.
For example, HRA or education allowance or hostel allowance are not to
be included in salary to the extent to which they are exempt under
section 10.
(c) Standard deduction upto ` 50,000 [under section 16(ia)], Deduction for
entertainment allowance [under section 16(ii)] and deduction toward
professional tax [under section 16(iii)] are also to be excluded.
or equipment or other
similar appliances or
gadgets).
(ii) If such furniture is
hired from a third
party,
the actual hire charges
payable for the same
as reduced by
any charges paid or
payable for the same
by the employee
during the previous
year
3. Where the Not applicable 24% of salary paid or
accommodation payable for the
is provided by previous year or
any employer, the actual charges
whether paid or payable to
Government or such hotel,
any other whichever is lower, for
employer, in a the period during which
hotel. such accommodation is
provided
as reduced by
the rent, if any,
actually paid or
payable by the
employee.
However, where the
employee is provided
such accommodation for
a period not exceeding in
aggregate fifteen days on
his transfer from one
place to another, there
would be no perquisite.
Notes:
(1) If an employee is provided with accommodation, on account of his transfer
from one place to another, at the new place of posting while retaining the
accommodation at the other place, the value of perquisite shall be
determined with reference to only one such accommodation which has the
lower perquisite value, as calculated above, for a period not exceeding 90
days and thereafter, the value of perquisite shall be charged for both such
accommodations.
(2) Any accommodation provided to an employee working at a mining site or
an on-shore oil exploration site or a project execution site, or a dam site or
a power generation site or an off-shore site would not be treated as a
perquisite, provided it satisfies either of the following conditions -
(i) the accommodation is of temporary nature, has plinth area not
exceeding 800 square feet and is located not less than eight
kilometers away from the local limits of any municipality or a
cantonment board; or
(ii) the accommodation is located in a remote area i.e., an area that is
located at least 40 kms away from a town having a population not
exceeding 20,000 based on latest published all-India census.
(3) Where the accommodation is provided by the Central Government or any
State Government to an employee who is serving on deputation with any
body or undertaking under the control of such Government,-
(i) the employer of such an employee shall be deemed to be that body or
undertaking where the employee is serving on deputation; and
(ii) the value of perquisite of such an accommodation shall be the amount
calculated in accordance with Sl. No.2.(a) of the above table, as if the
accommodation is owned by the employer.
(4) “Accommodation” includes a house, flat, farm house or part thereof, or
accommodation in a hotel, motel, service apartment, guest house, caravan,
mobile home, ship or other floating structure.
(5) “Hotel” includes licensed accommodation in the nature of motel, service
apartment or guest house.
employee would be added to the value determined in column (2) above for
determining whether there is a concession in the matter of rent.
(iii) In case of furnished accommodation provided to Government
employees-
The excess of license fees determined by the employer as increased by hire
charges paid or 10% p.a. of cost of furniture, as the case may be, in respect
of the period during which said accommodation was occupied by the
assessee over and above the rent recovered/recoverable from the employee
and the charges paid or payable for furniture by the employee would be
deemed to be the concession in the matter of rent.
(iv) In case the accommodation is provided by any employer, whether
Government or any other employer, in a hotel-
The difference between the actual charges paid to hotel or 24% of salary,
whichever is lower, for the period during which such accommodation is
provided and rent recovered/recoverable from the employee would be
deemed to be the concession in the matter of rent.
However, where the employee is provided such accommodation for a period
not exceeding in aggregate fifteen days on his transfer from one place to
another, there would be no perquisite.
Note – Once there is a deemed concession, the provisions of Rule 3(1)
discussed above would be applicable in computing the taxable perquisite.
Meaning of Salary
“Salary” includes pay, allowances, bonus or commission payable monthly or
otherwise or any monetary payment, by whatever name called, from one or more
employers, as the case may be. However, it does not include the following, namely–
(1) dearness allowance or dearness pay unless it enters into the computation
of superannuation or retirement benefits of the employee concerned;
(2) employer’s contribution to the provident fund account of the employee;
(3) allowances which are exempted from the payment of tax;
(4) value of the perquisites specified in section 17(2);
(5) any payment or expenditure specifically excluded under the proviso to
section 17(2) i.e., payment of medical insurance premium specified therein.
ILLUSTRATION 14
Mr. C is a Finance Manager in ABC Ltd. The company has provided him with rent-
free unfurnished accommodation in Mumbai. He gives you the following particulars:
Basic salary ` 6,000 p.m.
Dearness Allowance ` 2,000 p.m. (30% is for retirement benefits)
Bonus ` 1,500 p.m.
Even though the company allotted the house to him on 1.4.2022, he occupied the
same only from 1.11.2022. Calculate the taxable value of the perquisite for A.Y.2023-
24.
SOLUTION
Value of the rent free unfurnished accommodation
= 15% of salary for the relevant period
= 15% of [(` 6000 × 5) + (` 2,000 × 30% × 5) + (` 1,500 × 5)] [See Note below]
= 15% of ` 40,500 = ` 6,075.
Note: Since, Mr. C occupies the house only from 1.11.2022, we have to include the
salary due to him only in respect of months during which he has occupied the
accommodation. Hence salary for 5 months (i.e. from 1.11.2022 to 31.03.2023) will
be considered.
ILLUSTRATION 15
Using the data given in the previous illustration 14, compute the value of the
perquisite if Mr. C is required to pay a rent of ` 1,000 p.m. to the company, for the
use of this accommodation.
SOLUTION
First of all, we have to see whether there is a concession in the matter of rent. In
the case of accommodation owned by the employer in cities having a population
exceeding 25 lakh, there would be deemed to be a concession in the matter of
rent if 15% of salary exceeds rent recoverable from the employee.
In this case, 15% of salary would be ` 6,075 (i.e. 15% of ` 40,500). The rent paid
by the employee is ` 5,000 (i.e., ` 1,000 x 5). Since 15% of salary exceeds the rent
recovered from the employee, there is a deemed concession in the matter of rent.
Once there is a deemed concession, the provisions of Rule 3(1) would be
applicable in computing the taxable perquisite.
Value of the rent free unfurnished accommodation = ` 6,075
SOLUTION
Here again, we have to see whether there is a concession in the matter of rent. In
the case of accommodation owned by the employer in a city having a population
exceeding ` 25 lakh, there would be deemed to be a concession in the matter of
rent if 15% of salary exceeds rent recoverable from the employee. In case of
furnished accommodation, the excess of hire charges paid or 10% p.a. of the cost
of furniture, as the case may be, over and above the charges paid or payable by
the employee has to be added to the value arrived at above to determine whether
there is a concession in the matter of rent.
In this case, 15% of salary is ` 6,075 (i.e. 15% of ` 40,500). The rent paid by the
employee is ` 5,000 (i.e. ` 1,000 x 5). The value of furniture of ` 4,625 (see Note
below) is to be added to 15% of salary. The deemed concession in the matter of
rent is ` 6,075 + ` 4,625 - ` 5,000 = ` 5,700. Once there is a deemed
concession, the provisions of Rule 3(1) would be applicable in computing the
taxable perquisite.
Value of the rent free unfurnished accommodation (computed earlier)= ` 6,075
Add: Value of furniture provided by the employer [Note] = ` 4,625
Value of rent free furnished accommodation = ` 10,700
Less: Rent paid by the employee (` 1,000 × 5) = ` 5,000
Value of furnished accommodation given at concessional rent = ` 5,700
Note: Value of the furniture provided = (` 400 p.m. × 2 × 5 months) + (` 25,000
× 10% p.a. for 3 months) = ` 4,000 + ` 625 = ` 4,625
ILLUSTRATION 18
Using the data given in illustration 17 above, compute the value of the perquisite if
Mr. C is a government employee. The licence fees determined by the Government for
this accommodation was ` 700 p.m.
SOLUTION
In the case of Government employees, the excess of licence fees determined by the
employer as increased by the value of furniture and fixture over and above the rent
recovered/ recoverable from the employee and the charges paid or payable for
furniture by the employee would be deemed to be the concession in the matter of
rent. Therefore, the deemed concession in the matter of rent is ` 3,125 [i.e. ` 3,500
(licence fees: ` 700 x 5) + ` 4,625 (Value of furniture) – ` 5,000 (` 1,000 × 5)].
Once
You are required to comment on the taxability of the above in the hands of Mr. X and
Mr. Y, who are not specified employees.
SOLUTION
In the case of Mr. X, it becomes an obligation which the employee would have
discharged even if the employer did not reimburse the same. Hence, the perquisite
will be covered under section 17(2)(iv) and will be taxable in the hands of Mr. X. This
is taxable in the case of all employees.
In the case of Mr. Y, it cannot be considered as an obligation which the employee
would meet. The employee might choose not to have a domestic servant. This is
taxable only in the case of specified employees covered by section 17(2)(iii).
Hence, there is no perquisite element in the hands of Mr. Y.
(E) Valuation of gas, electricity or water supplied by employer [Sub-
rule (4) of Rule 3]
If gas, electricity or water connections are taken by the employee and employer
paid or reimbursed the employee for such expenses, it will be perquisite in the
hands of all employees. But if the gas, electricity or water connections are taken in
the name of employer and facility of such supplies are provided to the employee,
it will be perquisite in the hands of specified employees only. The value of benefit
to the employee resulting from the provision of gas, electricity or water supplied
by the employer shall be determined as follow:
Circumstances Value of benefit
If payment is made to agency sum equal to the amount paid on that
supplying of gas, electricity etc. account by the employer to the agency
supplying the gas, electric energy or water
If supply is made from resources manufacturing cost per unit incurred by the
owned by the employer employer
Where the employee is paying any amount in respect of such services, the
amount so paid shall be deducted from the value so arrived at.
(F) Valuation of free or concessional educational facilities [Sub-rule (5)
of Rule 3]
If school fees of children of employee or any member of employee’s household is
paid or reimbursed by the employer on employee’s behalf, it will be perquisite in the
hands of all employees. But if the education facility is provided in the school
maintained by the employer or in any school by reason of his being employment at
Where any amount is paid or recovered from the employee on that account, the
value of benefit shall be reduced by the amount so paid or recovered.
Note: The exemption of ` 1,000 p.m is allowed only in case of education facility
provided to the children of the employee not in case of education facility
provided to other household members.
(G) Free or concessional tickets [Sub-rule (6) of Rule 3]
The value of any benefit or amenity resulting from the provision by an employer
who is engaged in the carriage of passengers or goods,
to any employee or to any member of his household for personal or private
journey free of cost or at concessional fare,
in any conveyance owned, leased or made available by any other
arrangement by such employer for the purpose of transport of passengers
or goods
shall be taken to be the value at which such benefit or amenity is offered by such
employer to the public as reduced by the amount, if any, paid by or recovered from
the employee for such benefit or amenity.
However, there would be no such perquisite to the employees of an airline or the
railways.
(H) Valuation of other fringe benefits and amenities [Sub-rule (7) of Rule 3]
Section 17(2)(viii) provides that the value of any other fringe benefit or amenity as
may be prescribed would be included in the definition of perquisite and taxable in
the hands of all employees. Accordingly, the following other fringe benefits or
amenities are prescribed and the value thereof shall be determined in the manner
provided hereunder:-
(i) Interest-free or concessional loan [Sub-rule 7(i) of Rule 3]
(a) The value of the benefit to the assessee resulting from the provision
of interest-free or concessional loan for any purpose made available
to
the employee or
any member of his household
during the relevant previous year by the employer or any person on
his behalf shall be determined as the sum equal to the interest
computed at the rate charged per annum by the State Bank of India,
as on the 1st day of the relevant previous year in respect of loans for
the same purpose advanced by it on the maximum outstanding
monthly balance as reduced by the interest, if any, actually paid by
him or any such member of his household.
“Maximum outstanding monthly balance” means the aggregate
outstanding balance for each loan as on the last day of each month.
(b) However, no value would be charged if such loans are made
available for medical treatment in respect of prescribed diseases (like
cancer, tuberculosis, etc.) or where the amount of loans are not
exceeding in the aggregate ` 20,000.
(c) Further, where the benefit relates to the loans made available for
medical treatment referred to above, the exemption so provided shall
not apply to so much of the loan as has been reimbursed to the
employee under any medical insurance scheme.
(ii) Travelling, touring and accommodation [Sub-rule 7(ii) of Rule 3]
(a) If Travelling, touring, accommodation etc. expenses are paid or
reimbursed by employer - The value of travelling, touring,
accommodation and any other expenses paid for or borne or
reimbursed by the employer for any holiday availed of by the
to the extent the value thereof either case does not exceed fifty
rupees per meal or
(2) tea or snacks provided during working hours or
(3) free food and non-alcoholic beverages during working hours
provided in a remote area or an off-shore installation.
(iv) Value of gift, voucher or token in lieu of such gift [Sub-
rule 7(iv) of Rule 3]
(a) The value of any gift, or voucher, or token in lieu of which such gift
may be received by the employee or by member of his household on
ceremonial occasions or otherwise from the employer shall be
determined as the sum equal to the amount of such gift:
(b) However, if the value of such gift, voucher or token, as the case may
be, is below ` 5,000 in the aggregate during the previous year, the
value of perquisite shall be taken as ‘Nil’.
(v) Credit card expenses [Sub-rule 7(v) of Rule 3]
(a) The amount of expenses including membership fees and annual fees
incurred by the employee or any member of his household, which is
charged to a credit card (including any add-on-card) provided by the
employer, or otherwise, paid for or reimbursed by such employer shall
be taken to be the value of perquisite chargeable to tax as reduced by
the amount, if any paid or recovered from the employee for such
benefit or amenity.
(b) However, such expenses incurred wholly and exclusively for official
purposes would not be treated as a perquisite if the following
conditions are fulfilled.
(1) complete details in respect of such expenditure are maintained
by the employer which may, inter alia, include the date of
expenditure and the nature of expenditure;
(2) the employer gives a certificate for such expenditure to the
effect that the same was incurred wholly and exclusively for the
performance of official duties.
Note: Where the employee is paying any amount in respect of such asset,
the amount so paid shall be deducted from the value of perquisite
determined above.
(viii) Transfer of moveable assets [Sub-rule 7(viii) of Rule 3]
Value of perquisite is determined as under:
Note: Where the employee is paying any amount in respect of such asset,
the amount so paid shall be deducted from the value of perquisite
determined above.
(ix) Other benefit or amenity [Sub-rule 7(ix) of Rule 3]
The value of any other benefit or amenity, service, right or privilege
provided by the employer shall be determined on the basis of cost to the
employer under an arms' length transaction as reduced by the employee's
contribution, if any.
ILLUSTRATION 20
However, there will be no taxable perquisite in respect of expenses on
Mr. X retired from the
telephones services of
including M/s Y Ltd.
mobile phoneon 31.01.2023, after completing
actually incurred on behalfservice
of theof
30 years and one month. He had joined the company on 1.1.1993 at the age
employee by the employer i.e., if an employer pays or reimburses telephone of 30
years and
billsreceived the following
or mobile on his retirement:
phone charges of employee, there will be no taxable
perquisite.
(i) Gratuity ` 6,00,000. He was covered under the Payment of Gratuity Act, 1972.
(ii) Leave encashment of ` 3,30,000 for 330 days leave balance in his account. He
was credited 30 days leave for each completed year of service.
(iii) As per the scheme of the company, he was offered a car which was purchased
on 30.01.2020 by the company for ` 5,00,000. Company has recovered
` 2,00,000 from him for the car. Company depreciates the vehicles at the rate
of 15% on Straight Line Method.
(iv) An amount of ` 3,00,000 as commutation of pension for 2/3 of his pension
commutation.
(v) Company presented him a gift voucher worth ` 6,000 on his retirement.
(vi) His colleagues also gifted him a Television (LCD) worth ` 50,000 from their
own contribution.
Following are the other particulars:
(i) He has drawn a basic salary of ` 20,000 and 50% dearness allowance per
month for the period from 01.04.2022 to 31.01.2023.
(ii) Received pension of ` 5,000 per month for the period 01.02.2023 to
31.03.2023 after commutation of pension.
Compute his gross total income from the above for Assessment Year 2023-24
assuming he has not opted for the provisions of section 115BAC.
SOLUTION
Computation of Gross Total Income of Mr. X for A.Y. 2023-24
Particulars `
Notes:
(1) As per Rule 3(7)(iv), the value of any gift or voucher or token in lieu of gift
received by the employee or by member of his household not exceeding
` 5,000 in aggregate during the previous year is exempt. In this case, the
amount was received on his retirement and the sum exceeds the limit of
` 5,000.
Therefore, the entire amount of ` 6,000 is liable to tax as perquisite.
Note – An alternate view possible is that only the sum in excess of ` 5,000 is
taxable. In such a case, the value of perquisite would be ` 1,000 and gross
taxable income would be ` 7,27,769.
(2) Perquisite value of transfer of car: As per Rule 3(7)(viii), the value of
benefit to the employee, arising from the transfer of an asset, being a motor
car, by the employer is the actual cost of the motor car to the employer as
reduced by 20% of WDV of such motor car for each completed year during
which such motor car was put to use by the employer. Therefore, the value
of perquisite on transfer of motor car, in this case, would be:
Particulars `
The rate of 15% as well as the straight line method adopted by the company
for depreciation of vehicle is not relevant for calculation of perquisite value
of car in the hands of Mr. X.
(3) Taxable gratuity
Particulars `
Note: As per the Payment of Gratuity Act, 1972, D.A. is included in the
meaning of salary. Since in this case, Mr. X is covered under payment of
Payment of Gratuity Act, 1972, D.A. has to be included within the meaning of
salary for computation of exemption under section 10(10).
(4) Taxable leave encashment
Particulars `
Leave Salary received 3,30,000
Less : Exempt under section 10(10AA) - Least of the following:
(i) Notified limit ` 3,00,000
(ii) Actual leave salary ` 3,30,000
(iii) 10 months x ` 20,000 ` 2,00,000
(iv) Cash equivalent of leave to his credit ` 2,20,000
330
×20,000
2,00,000
30
Taxable Leave encashment 1,30,000
Note – It has been assumed that dearness allowance does not form part of
salary for retirement benefits. In case it is assumed that dearness allowance
forms part of pay for retirement benefits, then, the third limit for exemption
under section 10(10AA) in respect of leave encashment would be ` 3,00,000
(i.e. 10 x ` 30,000) and the fourth limit ` 3,30,000, in which case, the taxable
leave encashment would be ` 30,000 (` 3,30,000 - ` 3,00,000). In such a case,
the gross total income would be ` 6,32,769.
(5) Commuted Pension
Since Mr. X is a non-government employee in receipt of gratuity, exemption
under section 10(10A) would be available to the extent of 1/3rd of the
amount of the pension which he would have received had he commuted the
whole of the pension.
Particulars `
(6) The taxability provisions under section 56(2)(x) are not attracted in respect
of television received from colleagues, since television is not included in the
definition of property therein.
ILLUSTRATION 21
Shri Bala employed in ABC Co. Ltd. as Finance Manager gives you the list of
perquisites provided by the company to him for the entire financial year 2022-23:
(i) Domestic servant was provided at the residence of Bala. Salary of domestic
servant is ` 1,500 per month. The servant was engaged by him and the salary
is reimbursed by the company (employer).
In case the company has employed the domestic servant, what is the value of
perquisite?
(ii) Free education was provided to his two children Arthy and Ashok in a school
maintained and owned by the company. The cost of such education for Arthy
is computed at ` 900 per month and for Ashok at ` 1,200 per month. No
amount was recovered by the company for such education facility from Bala.
(iii) The employer has provided movable assets such as television, refrigerator and
air-conditioner at the residence of Bala. The actual cost of such assets
provided to the employee is ` 1,10,000.
(iv) A gift voucher worth ` 10,000 was given on the occasion of his marriage
anniversary. It is given by the company to all employees above certain grade.
(v) Telephone provided at the residence of Shri Bala and the bill aggregating to
` 25,000 paid by the employer.
(vi) Housing loan @ 6% per annum. Amount outstanding on 1.4.2022 is
` 6,00,000. Shri Bala pays ` 12,000 per month towards principal, on 5th of
each month.
Compute the chargeable perquisite in the hands of Mr. Bala for the A.Y. 2023-24.
The lending rate of State Bank of India as on 1.4.2022 for housing loan may be
taken as 10%.
SOLUTION
Taxability of perquisites provided by ABC Co. Ltd. to Shri Bala
(i) Domestic servant was employed by the employee and the salary of such
domestic servant was paid/ reimbursed by the employer. It is taxable as
perquisite for all categories of employees.
Taxable perquisite value = ` 1,500 × 12 = ` 18,000.
If the company had employed the domestic servant and the facility of such
servant is given to the employee, then the perquisite is taxable only in the
case of specified employees. The value of the taxable perquisite in such a
case also would be ` 18,000.
(ii) Where the educational institution is owned by the employer, the value of
perquisite in respect of free education facility shall be determined with
reference to the reasonable cost of such education in a similar institution in
or near the locality. However, there would be no perquisite if the cost of
such education per child does not exceed ` 1,000 per month.
Therefore, there would be no perquisite in respect of cost of free education
provided to his child Arthy, since the cost does not exceed ` 1,000 per
month.
However, the cost of free education provided to his child Ashok would be
taxable, since the cost exceeds ` 1,000 per month. The taxable perquisite
value would be ` 14,400 (` 1,200 × 12).
Note – An alternate view possible is that only the sum in excess of ` 1,000 per
month is taxable. In such a case, the value of perquisite would be ` 2,400.
(iii) Where the employer has provided movable assets to the employee or any
member of his household, 10% per annum of the actual cost of such asset
owned or the amount of hire charges incurred by the employer shall be the
value of perquisite. However, this will not apply to laptops and computers.
In this case, the movable assets are television, refrigerator and air
conditioner and actual cost of such assets is ` 1,10,000.
The perquisite value would be 10% of the actual cost i.e., ` 11,000, being
10% of ` 1,10,000.
(iv) The value of any gift or voucher or token in lieu of gift received by the
employee or by member of his household not exceeding ` 5,000 in
aggregate during the previous year is exempt. In this case, the amount was
received on the occasion of marriage anniversary and the sum exceeds the
limit of ` 5,000.
Therefore, the entire amount of ` 10,000 is liable to tax as perquisite.
Note- An alternate view possible is that only the sum in excess of ` 5,000 is
taxable. In such a case, the value of perquisite would be ` 5,000
(v) Telephone provided at the residence of the employee and payment of bill
by the employer is a tax free perquisite.
(vi) The value of the benefit to the assessee resulting from the provision of
interest-free or concessional loan made available to the employee or any
member of his household during the relevant previous year by the employer
or any person on his behalf shall be determined as the sum equal to the
interest computed at the rate charged per annum by the State Bank of India
(SBI) as on the 1st day of the relevant previous year in respect of loans for
the same purpose advanced by it. This rate should be applied on the
maximum outstanding monthly balance and the resulting amount should be
reduced by the interest, if any, actually paid by him.
“Maximum outstanding monthly balance” means the aggregate outstanding
balance for loan as on the last day of each month.
The perquisite value for computation is 10% - 6% = 4%
(ii) any date earlier than the date of the exercising of the option, not
being a date which is more than 180 days earlier than the date of the
exercising.
Note: Where any amount has been recovered from the employee, the same shall
be deducted to arrive at the value of perquisites.
ILLUSTRATION 22
AB Co. Ltd. allotted 1000 sweat equity shares to Sri Chand in June 2022. The shares
were allotted at ` 200 per share as against the fair market value of ` 300 per share on
the date of exercise of option by the allottee viz. Sri Chand. The fair market value was
computed in accordance with the method prescribed under the Act.
(i) What is the perquisite value of sweat equity shares allotted to Sri Chand?
(ii) In the case of subsequent sale of those shares by Sri Chand, what would be
the cost of acquisition of those sweat equity shares?
SOLUTION
(i) As per section 17(2)(vi), the value of sweat equity shares chargeable to tax
as perquisite shall be the fair market value of such shares on the date on
which the option is exercised by the assessee as reduced by the amount
actually paid by, or recovered from, the assessee in respect of such shares.
Particulars `
Fair market value of 1000 sweat equity shares @ ` 300 each 3,00,000
Less: Amount recovered from Sri Chand 1000 shares @ ` 200 2,00,000
each
Value of perquisite of sweat equity shares allotted to Sri 1,00,000
Chand
(ii) As per section 49(2AA), where capital gain arises from transfer of sweat
equity shares, the cost of acquisition of such shares shall be the fair market
value which has been taken into account for perquisite valuation under
section 17(2)(vi). (The provisions of section 49 are discussed in Unit 4: Capital
Gains of this chapter)
Therefore, in case of subsequent sale of sweat equity shares by Sri Chand,
the cost of acquisition would be ` 3,00,000.
Term Meaning
Member of shall include-
household (a) spouse(s),
(b) children and their spouses,
(c) parents, and
(d) servants and dependants;
Salary includes the pay, allowances, bonus or commission payable
monthly or otherwise or any monetary payment, by whatever
name called from one or more employers, as the case may be,
but does not include the following, namely:-
(a) dearness allowance or dearness pay unless it enters into
the computation of superannuation or retirement
§
Referred to in section 80-IAC, which will be dealt with in detail at the Final level
ILLUSTRATION 23
X Ltd. provided the following perquisites to its employee Mr. Y for the
P.Y. 2022-23 –
(1) Accommodation taken on lease by X Ltd. for ` 15,000 p.m. ` 5,000 p.m. is
recovered from the salary of Mr. Y.
(2) Furniture, for which the hire charges paid by X Ltd. is ` 3,000 p.m. No amount
is recovered from the employee in respect of the same.
(3) A Car of 1,200 cc which is owned by X Ltd. and given to Mr. Y to be used both
for official and personal purposes. All running and maintenance expenses are
fully met by the employer. He is also provided with a chauffeur.
(4) A gift voucher of ` 10,000 on his birthday.
Compute the value of perquisites chargeable to tax for the A.Y.2023-24, assuming
his salary for perquisite valuation to be ` 10 lakh.
SOLUTION
Computation of the value of perquisites chargeable to tax in the hands of Mr. Y
for the A.Y.2023-24
Particulars Amount in `
(1) Value of concessional accommodation
Actual amount of lease rental paid by 1,80,000
X Ltd.
* An alternate view possible is that only the sum in excess of ` 5,000 is taxable. In
such a case, the value of perquisite would be ` 5,000
SOLUTION
Computation of salary of Mr. Goyal for the A.Y.2023-24
Particulars ` `
Note: Employee’s contribution to RPF is not taxable. It is eligible for deduction u/s 80C.
ILLUSTRATION 25
In the case of Mr. Hari, who turned 70 years on 28.3.2023, you are informed that
the salary (computed) for the previous year 2022-23 is ` 10,20,000 and arrears of
salary received is ` 3,45,000. Further, you are given the following details relating to
the earlier years to which the arrears of salary received is attributable to:
Compute the relief available under section 89 and the tax payable for the A.Y. 2023-24.
Assume that Mr. Hari does not opt for section 115BAC.
Note – Education cess@2% and secondary and higher education cess@1% was
attracted on the income-tax for all above preceding years.
SOLUTION
Computation of tax payable by Mr. Hari for the A.Y.2023-24
Particulars ` `
Particulars `
LET US RECAPITULATE
Basis of Charge [Section 15]
(i) Salary is chargeable to tax either on ‘due’ basis or on ‘receipt’ basis, whichever
is earlier.
(ii) However, where any salary, paid in advance, is assessed in the year of payment,
it cannot be subsequently brought to tax in the year in which it becomes due.
(iii) If the salary paid in arrears has already been assessed on due basis, the same
cannot be taxed again when it is paid.
10(14)(ii) Children ` 100 per month per child upto maximum of two
education children
allowance
local
authorities/
Statutory
corporation/
members of
Civil services/
All-India
services/
Defence
Services
(iii) on cessation of
employment, the
employee
obtains
employment
with any other
employer, to the
extent the
accumulated
balance in RPF is
transferred to his
RPF account
maintained by
the new
employer.
(iv) The entire
balance standing
to the credit of
the employee is
transferred to his
NPS account
referred to in
section 80CCD
and notified by
the Central
Government
In other cases, it
will be taxable.
As per section 10(11), any payment from a Provident Fund (PF) to which Provident
Fund Act, 1925, applies or from Public Provident Fund would be exempt.
Accumulated balance due and becoming payable to an employee participating in a
Recognized Provident Fund (RPF) would be exempt under section 10(12).
However, the exemption under section 10(11) or 10(12) would not be available in
respect of income by way of interest accrued during the previous year to the extent it
relates to the amount or the aggregate of amounts of contribution made by that
person/employee exceeding ` 2,50,000 in any previous year in that fund, on or after
1st April, 2021.
It may be noted that interest accrued on contribution to such funds upto 31st March,
2021 would be exempt without any limit, even if the accrual of income is after that
date.
Valuation of Perquisites [Section 17(2) read with Rule 3]
(I) Rent-free residential accommodation
(b) Movable assets, other 10% p.a. of the actual cost of such asset, or
than - the amount of rent or charge paid, or payable
(i) laptops and by the employer, as the case may be
computers; and (-)
(ii) assets already Amount paid by/ recovered from an
specified employee
(IV) Transfer of movable assets
Actual cost of asset to employer (-) cost of normal wear and tear (-) amount paid or
recovered from employee
Assets transferred Value of perquisite
Computers and electronic @50% on WDV for each completed year of
items usage
Motor cars @20% on WDV for each completed year of
usage
Any other asset @10% of actual cost of such asset to employer
for each completed year of usage [on SLM basis]
(V) Motor car
S. Car Expenses Wholly Partly personal use (c)
No. owned/ met by official
hired by use
1 Employer Employer Not a cc of engine Perquisite value
perquisite*
upto 1.6 litres ` 1,800 p.m.
above 1.6 litres ` 2,400 p.m.
If chauffeur is also provided, ` 900 p.m.
should be added to the above value.
* Provided employer maintains the complete details of such journey and expenditure
thereon and gives a certificate that such expenditure are incurred wholly for official
use.
Note: Where car is owned by employer and expenses are also met by the employer,
the taxable perquisites in case such car is used wholly for personal purposes of the
employee would be equal to the actual expenditure incurred by the employer on
running and maintenance expenses and normal wear and tear (calculated @10% p.a.
of actual cost of motor car) less amount charged from the employee for such use.
Meaning of Salary:
(1) ` 5,000
Step 1 Calculate tax payable of the previous year in which the arrears/advance
salary is received by considering:
Step 2 Compute the difference the tax calculated in Step 1 and Step 2 [i.e., (a) –
(b)]
Step 3 Calculate the tax payable of every previous year to which the additional
salary relates:
Step 4 Calculate the difference between (a) and (b) in Step 3 for every previous
year to which the additional salary relates and aggregate the same.
Particulars `
Question 2
Ms. Rakhi is an employee in a private company. She receives the following
medical benefits from the company during the previous year 2022-23:
Particulars `
1 Reimbursement of following medical expenses incurred by
Ms. Rakhi
(A) On treatment of her self employed daughter in a 4,000
private clinic
(B) On treatment of herself by family doctor 8,000
(C) On treatment of her mother-in-law dependent on 5,000
her, in a nursing home
2 Payment of premium on Mediclaim Policy taken on her 7,500
health
3 Medical Allowance 2,000 p.m.
4 Medical expenses reimbursed on her son's treatment in a 5,000
government hospital
5 Expenses incurred by company on the treatment of her 1,05,000
minor son abroad including stay expenses
6 Expenses in relation to foreign travel of Rakhi and her son 1,20,000
for medical treatment
Note - Limit prescribed by RBI for expenditure on medical
treatment and stay abroad is USD 2,50,000 per financial
year under liberalized remittance scheme.
Examine the taxability of the above benefits and allowances in the hands of Rakhi.
Answer
Tax treatment of medical benefits, allowances and mediclaim premium in the
hands of Ms. Rakhi for A.Y. 2023-24
Particulars
1. Reimbursement of medical expenses incurred by Ms. Rakhi
(A) The amount of ` 4,000 reimbursed by her employer for treatment
of her self-employed daughter in a private clinic is taxable
perquisite.
(B) The amount of ` 8,000 reimbursed by the employer for treatment
of Ms. Rakhi by family doctor is taxable perquisite.
Question 3
Mr. X is employed with AB Ltd. on a monthly salary of ` 25,000 per month and an
entertainment allowance and commission of ` 1,000 p.m. each. The company provides
him with the following benefits:
1. A company owned accommodation is provided to him in Delhi. Furniture
costing ` 2,40,000 was provided on 1.8.2022.
2. A personal loan of ` 5,00,000 on 1.7.2022 on which it charges interest @ 6.75%
p.a. The entire loan is still outstanding. (Assume SBI rate of interest on 1.4.2022
was 12.75% p.a.)
3. His son is allowed to use a motor cycle belonging to the company. The
company had purchased this motor cycle for ` 60,000 on 1.5.2019. The motor
cycle was finally sold to him on 1.8.2022 for ` 30,000.
4. Professional tax paid by Mr. X is ` 2,000.
Compute the income from salary of Mr. X for the A.Y. 2023-24 assuming Mr. X has not
opted for the provisions of section 115BAC.
Answer
Computation of Income from Salary of Mr. X for the A.Y. 2023-24
Particulars ` `
Basic salary [` 25,000 × 12] 3,00,000
Commission [` 1,000 × 12] 12,000
Entertainment allowance [` 1,000 × 12] 12,000
Rent free accommodation [Note 1] 48,600
Add : Value of furniture [` 2,40,000 × 10% p.a. for 8 months] 16,000 64,600
Interest on personal loan [Note 2] 22,500
Use of motor cycle [` 60,000 × 10% p.a. for 4 months] 2,000
Transfer of motor cycle [Note 3] 12,000
Gross Salary 4,25,100
Less : Deduction under section 16
Under section 16(ia) – Standard deduction 50,000
Under section 16(iii) - Professional tax paid 2,000 52,000
Income from Salary 3,73,100
reimbursed by the employer ` 30,000 for adults and ` 45,000 for three
children. Balaji is eligible for availing exemption this year to the extent it is
permissible in law.
Compute the salary income chargeable to tax in the hands of Mr. Balaji for the
assessment year 2023-24 assuming he has not opted for the provisions of section
115BAC.
Answer
Computation of Taxable Salary of Mr. Balaji for A.Y. 2023-24
Particulars `
Basic salary [(` 50,000 × 7) + (` 60,000 × 5)] 6,50,000
Dearness Allowance (40% of basic salary) 2,60,000
Bonus (` 50,000 + 40% of ` 50,000) (See Note 1) 70,000
Employers contribution to recognised provident fund in excess
of 12% of salary = 4% of ` 6,50,000 (See Note 2) 26,000
Professional tax paid by employer 2,000
Perquisite of Motor Car (` 2,400 for 5 months) (See Note 4) 12,000
Gross Salary 10,20,000
Less: Deduction under section 16
Standard deduction u/s 16(ia) ` 50,000
Professional tax u/s 16(iii) (See Note 6) ` 2,500 52,500
Taxable Salary 9,67,500
Notes:
1. Since bonus was paid in the month of October, the basic salary of ` 50,000
for the month of October is considered for its calculation.
2. It is assumed that dearness allowance does not form part of salary for
computing retirement benefits.
3. As per Rule 3(7)(vii), facility of use of laptop and computer is a tax free
perquisite, whether used for official or personal purpose or both.
4. As per the provisions of Rule 3(2), in case a motor car (engine cubic capacity
exceeding 1.60 liters) owned by the employer is provided to the employee
without chauffeur for personal as well as office use, the value of perquisite
shall be ` 2,400 per month. The car was provided to the employee from
01.11.2022, therefore the perquisite value has been calculated for 5 months.
5. Mr. Balaji can avail exemption under section 10(5) on the entire amount of
` 75,000 reimbursed by the employer towards Leave Travel Concession since
the same was availed for himself, his wife and three children and the
journey was undertaken by economy class airfare. The restriction imposed
for two children is not applicable in case of multiple births which take place
after the first child.
It is assumed that the Leave Travel Concession was availed for journey
within India.
6. As per section 17(2)(iv), a “perquisite” includes any sum paid by the
employer in respect of any obligation which, but for such payment, would
have been payable by the assessee. Therefore, professional tax of ` 2,000
paid by the employer is taxable as a perquisite in the hands of Mr. Balaji. As
per section 16(iii), a deduction from the salary is provided on account of tax
on employment i.e. professional tax paid during the year.
Therefore, in the present case, the professional tax paid by the employer on
behalf of the employee ` 2,000 is first included in the salary and deduction
of the entire professional tax of ` 2,500 is provided from salary.
Question 5
From the following details, find out the salary chargeable to tax for the A.Y.2023-24
assuming he has not opted for the provisions of section 115BAC-
Mr. X is a regular employee of Rama & Co., in Gurgaon. He was appointed on
1.1.2022 in the scale of ` 20,000 -` 1,000 - ` 30,000. He is paid 10% D.A. & Bonus
equivalent to one month pay based on salary of March every year. He contributes
15% of his pay and D.A. towards his recognized provident fund and the company
contributes the same amount. DA forms part of pay for retirement benefits.
He is provided free housing facility which has been taken on rent by the company
at ` 10,000 per month. He is also provided with following facilities:
(i) Facility of laptop costing ` 50,000.
(ii) Company reimbursed the medical treatment bill of his brother of ` 25,000,
who is dependent on him.
(iii) The monthly salary of ` 1,000 of a house keeper is reimbursed by the
company.
Particulars `
Basic pay [(` 20,000×9) + (` 21,000×3)] = ` 1,80,000 + ` 63,000 2,43,000
Dearness allowance [10% of basic pay] 24,300
Bonus 21,000
Employer’s contribution to Recognized Provident Fund in excess
of 12% (15%-12% =3% of ` 2,67,300) [See Note 1 below] 8,019
Taxable allowances
Telephone allowance 6,000
Taxable perquisites
Rent-free accommodation [See Note 1 & 2 below] 44,145
Medical reimbursement 25,000
Reimbursement of salary of housekeeper 12,000
Gift voucher [See Note 5 below] 10,000
Gross Salary 3,93,464
Less: Deduction under section 16(ia) – Standard deduction 50,000
Salary income chargeable to tax 3,43,464
Notes:
1. Since dearness allowance forms part of salary for retirement benefits, the
perquisite value of rent-free accommodation and employer’s contribution to
recognized provident fund have been accordingly worked out.
2. Where the accommodation is taken on lease or rent by the employer, the
value of rent-free accommodation provided to employee would be actual