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Computation of Total Income and Income Under H Ad: Chap. 5
Computation of Total Income and Income Under H Ad: Chap. 5
Tuxnhk fl('l'<folsiks under scd ion 17(2) S1>cdfit•d Employt•c Non- Spt<'ifit·d
Emplov<.·c
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TYPES OF PERKS
Perks can be divided into three cat
egories
A. Perks exempted for all employees ;
B. Perks taxable for all employees ;
C. Perks taxable only for specified emp
loyees.
A. Exempted From Tax
Value of following benefits is not added
in salary inco me :
A-1. Free medical facilities or reimbursem
ent of medical expenditure : Exemption
section shall be allowed for treatment of under this
self, wife, chil dren (children may be depen
independent, married or unmarried) parents, dent or
brothers and sisters (who are mainly dependent
upon him). With effect from assessment
yea r 2019-20, the exe mpt ion regarding
re-imbursement has been discontinued whe medical
n treatment is take n from a private/unappr
hospital, nursing home etc. and hence med oved
ical re-i mbu rsem ent by employer will be
as a perquiste and will be taxable. treated
Medical Facilities in India :
(i) If treatment was taken from a hosp
ital mai ntai ned by emp loye r : Fully Exem
(ii) If trea tme nt is take n from a hos pted
pita l mai ntai ned by Cen tral ,
State Govt., loca l authority or a hos pita
l is app rove d by the
government for the purpose of medical
trea tme nt of its
employees
(iii) If treatment is taken in resp ect Fully Exempted
of pres crib ed dise ases or ailments
sp~cified in ~u~e 3A, in a~y hospital app
rove
Chief Commissioner or Chi ef Com mis sion d by the Prin cipa l
er
Note : No exemption shall be allowed
if
(a) Treatment is taken from an approved \
hospital but disease is not specified in Rule 31
(b) Disease is specified in Rule 3A but treat
ment is take n from a private/unapproved
I \ n1
bosp1 ,.
(iv) In case e~p lore r, under a scheme
approved by the Cen tral Govt.
pays medical msu rance Prem ium of emp loye es :
(v) In case any heal th insu ranc e prem Fully ExeillPted
ium is paid by emp loye r to l
General lns~ anc e Corporation under noti
I
fied sche me (Me dicl aim
u/s. BOD) _t? msure the health of its emp
their families : loye es and mem bers of pted
Fully ExeJll
,aoM SALARIES
~co-- S
. T AX AB ILI TV OF PERQUISITE
i•
J
\IE FJlOM SALARIES 1.153
~ . . . .
£nip)o)"er s contribution to staff group msurance schem e. Fully exemptoo
_,\· t 6. . [
Coniputers, laptops given to no transferred] an employee for official/
,\ · I ~.
per-<ona.l use . Fully exempted
transfer of a moveable asset [computer, car or electronic items]
.
..\-l ~- ,\·jthout consi derat.1011 to an emp l oyee after such asset had bee n use<l
b,· the employer for more than l O years. Fully exempted
~rcident insurance premium paid by employer for his own benefit.. Fully exe mp{ed
10
,-\ · · in case such premium is paid for an insurance whose benefit is to accrue
w the employee. it will be taxable.
The value of this benefit will be taxable as perquis.ite in the htmds 1Jf the emplt)~·ce.
ILLUSTRATION 13
From the following infom1ation, explain the treatment of the f0ll0wing mc'liicn.l ~n,-.fi~ rt'-.' ,'.ivc-d
by Mr. X. an employee having monthly salary of t 60,000.
0) Rec-eived ~ 500 p.m. as medical allowance.
(l ) During the year Mr. X met with an accident and his e-mployt' r mndc:' tik' fn,lkn\,n~ ~iyn~nt~ :
(a) Directly paid to a private specialist doctor's ho:!-pirnl ~ 20,000.
tb) Reimbursed medical expenditure incurred by en\plu)'C'l' in fill :\{' Pf\W t'\i lh'-~ptt~il
~ 50,00U for a non-notified disease.
(J) Employee was referred to a specialist doctor in London and employa l\lt \ lfK' f,)H\)\\ it\~
expenses in this connection.
~,:) Expenses on travel1ing of the employee il nd t.'IHt' ntcc-thJ:n\t ~ N.t()t\l'.t
t~) Operation fees of the specialist doctor , 50,000.
m) Expenses on medicines and hospitahzat-ion t RO,()f)(l.
( ) ~es~rve Bank of India pemlitted un expendi ture pf t 1X~).000.
4
:g tbe year employer also reimbursed the following e,1x•nst·s h,1.·n1,\.¾.1 \ll\ llw m,"--\,-::~,l
tment of members of employee' s family.
an d Income under R ead .JG (' l a,y
Comp uta tion of Total Income 177
Chap. 5 mb er f h. h
ty: by the employee or any me
J2. Use of any mo vea ble proper o 15 ousehold
h.
d b em plo yer or hir ed b y 1m.
o I· 1aptops an computers elo
nging to the
ue of an t ·I .
vel Co nce ssion [Section 10(5)]: The val .
1
Y rav e conces sion or
J3. Lea·ve, Tra . · d b . . . mpted in following
,
ista nce rece1v e y an md 1v1dual, or due to, him is exe
ass
cases:
connection with his
fro m his em plo yer for him sel f and hjs family , in
(a) ce in India;
pro ceeding on leave to any pla
f and his farnjJy , in
m hi_s em ~lo y~r or for ~e r employer for him sel
(b) fro rement from
tio n wit h his pro cee dm g to any place in India after reti
connec
of his service.
service or after the termination
rnjum paid by
miu m pa id by the em plo yer on an accident policy: The pre
J4. The pre t of the employee
policy taken out by it in respec
the em plo yer on an accident (De]) and
be a per qui site . [ CI T v La la Shri Dhar (1972) 84 ITR 192
would not
129 ITR 128 (Del)].
C/ Tv Vinay Bharat Ra m (1981) or Scheme
of sha res or deb ent ure s und er any Employees Stock Plan
J5. Allotment Employees Stock
shares or debentures under any
of the company: A11otment of employees in
Sch em e of the com pan y when these are offered to
Plan or Central Government.
s issued in this behalf by the
accordance with the guideline of the same.
have to pay FBT on the value
However, the em plo yer shall
sites: Tax paid by the
yer on non-monetary perqui
16. Tax pa id by the emplo exempt in the
yer on non -m one tar y per qui sites of the employee shall be
emplo
n 10(10CC)J
hands of the employee. [Sectio
by the employer to
car or exp end itu re on mo tor car: Mo tor car provided
17. Mo tor h motor
or exp ens es inc urr ed by the employer in connection wit
the employee ively for personal
(for purposes other than exclus
car belonging to the employee ough the
sha ll be a tax fre e per qui site in the hands of the employee alth
purposes) such fringe benefit.
ge benefit tax on the value of
employer shall have to pay frin such facility
if the em plo yee is not liab le to pay FBT, the value of
However ,
the employee.
shall be taxable in the hands of
by the employer to
oth er per qui site s: All other perquisites provided
18. All scribed.
ll be tax free per qui site as no valuation rules have been pre
employee sha benefit tax on the
, in this cas e, the em ployer shall have to pay fringe
Ho we ver to pay FB T,
h frin ge ben efit . Fu rth er, if the employer is not liable
value of suc employee.
val ue of suc h fac ilit y sha ll be taxable in the hands of the
the vided at
of ren t fre e acc om mo dat ion or accommodation pro
5.5.d Valuation*
concessional rent: cession in rent
ini ng the val ue of ren t free accommodation or value of con
For detenn ided
vid ed at con ces sio nal ren t, accommodation may be div
~hen accommodation is pro
into following parts:
by the government;
(I) Accommodation provided
(II) Accommodation provid
ed by any other employer;
yer in a hot el;
mo dat ion pro vid ed by the government or any other emplo
(HI) Accom at new
pro vid ed by the gov ern ment or any oth er em plo yer
OV) Accommodation ear lie r place.
of pos ting wh ile em plo yee retains the accommodation at
place
L 1i ~UL h fJITc ~me i~ o ;;,·ne<l j(J) , ()(t }f.f; u~: uf fo:rn:tr t 1 £.-;L:~.':,;2. .
- ~ -- ~ - •r ,,, ..• -,. ,,
~,__,. ;() ~-"~ , •~-~
_.i , . ::, ..,,,_ ~
,,,., ,,_,. ;._ J·()-, ., c,_,,,;,
~. ~r1e empl0 :;er
;Jl'"-"t,,c_.,. .
"-'-' v ~ .. > ."7L-.:.. ✓ ~ .1 -MV~
(d) .T he lump sum amount received by assessee from Unrecognized p rov1·ctent Fund
, , . . .
tothe ex tent o f employer s contnbut10n and interest on that.
(e) Any amount (including bonus) received under a Keyman Insurance p 1icy ·
(KIP). o
(J) Any lump sum due to or received by an assessee from his employer or previous
employer beyond exempted Jimjt in following cases;
• retrenchme nt compensati on under Section 10( 10B)
• Recognized Provident Fund (RPF) under Section 10(12)
• approved superannuation fund under Section 10( 13)
• HRA under Section 10(13A)
Income from salary = Gross annual salary - Deductions under section 16
Gross annual salary = Basic salary + any amount under section 17 + Allowances +
Any other amount received by the employee from his employer and not exempted such as
bonus, overtime salary, etc.
5.7 Deductions under section 16
(a) Deductio11 regarding entertainment allowance [Section 16(ii)]: Entertainment
allowance also known as sumptuary allowance, which is received by the
employee from his employer to entertain guests, is deductible from Gross annual
salary.
Important points:
► Only governmen t employees are entitled to claim this deduction.
► Amount of deduction is the least of the following:
(a) The amount actually received as entertainment allowance; or
(b) 20% of salary (Basic salary and dearness allowance if permitted
according to service rules); or
(c) ~5,000.
► The amount actually spent to entertain the guests is not important tot decide
the amount of deduction.
(b) Deduction regarding professional tax [Section 16(iii)]: The professional tax
paid by assessee during Previous Year is deductible from Gross annual salary.
Important points:
► According to Article 276 of the Constitution, maximum professional tax
which can be levied by the local authority is ~ 2,500.
► If tax is paid by the employer on behalf of employee then it would be added
into the salary of the employee as perquisite under section 17(2)(iv) i.e. , (the
obligation of the employee paid by the employer) and then employee would
claim deduction under section l 6(iii).
5.8 Allowances
Allowances are fixed monetary amount received by the employee from his employer
for specific purpose which may be official or personal. Allowances are always given
under the contract of employment and the word "Allowance" is always attached to that
amount.
182 Chap . 5
Taxation Laws
S.8.a Types of Allowances
(a) Exempted Allowances [discussed in detail under
chapbt~r. E~e~ pt~d
Income]: Certai n allow ances are exemp ted and he nce not taxa_
e dtn t cd' anh _s
· ·
of assessee (empl oyee) . Howe ver, limit · · · me nuone un e r t 1s
of exe mptio n is
Act. Fu1iher exemp ted aJlowances are of two types :
(i) exempted in general
(ii) exempted in special cases
(i) Exem pted ·m general (Discu
· · detail· ·
ssed m · d ·
rn Exem pte mco me)··. allow ances
.. .·
exem pted in general includes: HRA [Secti on 10(13 A)] and
Notif ied special
allow ance [Secti on 10(14)]
(ii) Exem pted in special cases: Allow ances exem pted in
speci~I cases incl~de
allow ances to Indian citizens given by Gove rnmen t of India
for ren_denng
servic e outsid e India [Section 10(7)J; allow ances to Mem
ber of Parlia ment
[Secti on 10(17)]; allowances from UNO (Acco rding to notifi
cation issued
by the Tax Depar tment Salary, perquisites are also exem pted
in additi on to
allow ances received by a person from UNO )
(b) Deducted Allowances: Certain allowances are deduc table
i.e. first these are
included into gross salary and then deduc tion is given
. Howe ver, limit of
deduc tion is also fixed. Exam ple is entert ainme nt allow ance
[Secti on 16(ii) ].
(c) Partly taxable allowance: If assessee receiv es exem pted
or deduc ted allow ance
which is beyon d the exemp ted or deducted limit then balan
ce would be taxabl e.
Exam ple: Maxim um limit in case of Enter tainm ent allow
ance [Secti on
16(ii)] for deduc tion is < 5,000 theref or if assess ee is receiv
ino ~ 6 000 as
Enter tainm ent allow ance then < 1,000 will be taxable. e, '
(S) Flu Dearness Allowan ce/Add ition al Dearness Allowanc 'Cl .nig cost of living all owance/lnterim
· · fi d · " mos t due to . . .
. f Employees havi ng 1xe mco me suue r the ing but an dnds~ _m pnce s and to compensate their
J{eUe h. are paid such allow• ance s. So D.A. is noth a 1t10nal salary an d It· 1s·
fully taxable.
t ey
10s 5· some times it is ment10ned that :
fits; or
(i) D.A. enters ~nto pay for sez:rice bene
fits; or
(ii) D.A. enters mto pay for retrr eme nt bene
loym ent; or
(iii) D.A. is give n unde r the term s of emp
(iv) Dearness pay,
B C
A
Full y Taxable Partially Taxable
Fully Exempted
1. Dear ness Allo wanc e 1. House Rent Allowance
~ig n Allow:ince
only in case ot
Addi tiona l Dear ness 2. Entertainment Allowance for Govt.
Government employees
allow ance employees (see details)
High Cost of livin g 3. Allowances covered u/s 10(14)(i)
posted outside
allow ance read with Rule 2BB (l)
India
ance 2. City Com pens atory Allowance (i) Helper Allowance
2. House rent allow 3. Capi tal Com pens atory (ii) Uniform Allowance
2. House rent allowance Allo wanc e (iii) Academic Allowance
given to judges of High
4. Lunc h Allo wanc e (iv) Conveyance Allowance
Court and Supreme
5. Tiffi n Allo wanc e (v) Travelling Allowance
Court (vi) Daily allowance
3. Sumptuary Allowance 6. Marr iage Allo wanc e
7. Fam ily Allo wanc e 4. Allowances covered u/s 10(14)(ii)
given to judges of High read with Rule 2BB(2)
Court and Supreme Cour t 8. Depu tatio n Allo wanc e
9. Ward ensh ip Allo wanc e (i) Any special allowance in the
4. Allowances from U.N.O. nature of Composite Hill
10. Non prac ticin g Allo wanc e
5. Allowance to teacher or compensatory Allowance or
11. Proje ct Allo wanc e
professor from SAA RC High Altitude Allowance or
12. Over time Allo wanc e
member States Uncongenial Climate
13. Fixe d Med ical Allo wanc e
6. Allowance to member of Allowance or Snow Bound
14. Ente rtain ment Allo wanc e for non-
Union Public Service Area Allowance or A vlanche
Commission Govt. empl oyee s
Allowance
15. Wate r and Elec tricit y Allowance
(ii) Any Special Compensatory
16. Serv ant Allo wanc e Allowance in the nature of
17. Holi day Trip Allo wanc e border area or remote area or
18. Tran spor t Allo wanc e for normal difficult area or disturbed area
empl oyee s [w.e.f. A.Y. 2019-20] Allowance
19. Any othe r allow ance which is ( iii) Transport Allowance for specified
neith er fully nor parti ally exempted
handicapped employees
(iv) Tribal Area Allowance
(v) Running Allowance given to
employees of transport sector,
(vi) Children Education Allowance
( vii) Hostel Expenditure Allowance
(viii) Com pens atory Field Area
Allowance
(ix) Com pensatory Modified
Field Area Allowance
(x) Special Allowance in the nature
of coun ter insurgency allowance
given to the members of armed
forces operating in areas away
from their permanent locations for
.____ _ _ _ _ _ _- - -~ = -- -- -- -
a perio d of more than 30 days .
....____