Professional Documents
Culture Documents
PDF Document E64dfec87bb0 1
PDF Document E64dfec87bb0 1
PDF Document E64dfec87bb0 1
SALARY includes –
– Wages
– Any annuity or pension
– Any Gratuity
– Any fees, commission, perquisite or profit in lieu of salary or in addition to
salary
– Any Advance Salary
– Leave Salary
– Amount transferred to RPF to the extent is taxable.
– Any other payment made or benefit extended due to the employer-employee
relationship.
Types of PF
Recognized Provident Fund is one of the most popular PF. All the
employees working in companies with more than 20 employees contribute to
RPF.
The employee can either self-create a scheme under the PF trust for their
contributions or can follow the scheme of the PF commissioner, but the CIT
(Commissioner of Income Tax) has to approve all the schemes.
The tax is deducted based on Section 80C for the employees’ share of
contribution.
The total amount during the redemption is not taxable only if the
employee has provided a continuous service of 5 years.
Example No: 1
Solution:
Employee Salary
----------------
----------------
Problem:No: 2
Solution:
Solution:
Compute gross salary of Mr.Y for the assessment year 2018-19 from the
information given below:
Basic salary - Rs.4,000/month
Dearness Allowance – Rs.750/month out of which Rs.300/month enters
into pay for employment purposes.
Advance salary for 2 months Rs.10,000.
Employee’s contribution to RPF is Rs.800/month.
Step:1
Calculation of taxable portion of RPF
Solution:
(i) The fund will be treated as R.P.F. from the date fund was
instituted.
(ii) The employer’s contribution of URPF shall qualify for
exemption upto 12% of salary and excess shall be taxable.
(iii) The interest credited to the accumulated balance shall be
exempted if rate of interest was upto 9.5%. Excess if any, is
taxable.
(iv) The taxable amount under point (ii) and (iii) above shall be
deemed to be the income of the previous year in which fund
gets recognition. The remainder of the transferred balance
shall be ignored.
Problem: No: 1
Mr.A joined a new job on 1.4.2017 at Rs.15,000 p.m. due on last day of the
month. He started contributing to URPF @ Rs.2500 p.m. His employer was
also contributing same amount. The fund was recognized from 1.8.2018.
Interest credited during 2017-18 at the rate of 11% was Rs.4,400 and for
the period 1.4.2018 to 31.7.2018 was Rs.3,300. Compute the amount of
transferred balance of URPF to RPF as on 1.8.2018 and its taxable portion.
Solution:
Allowance
These allowances are not in the nature of a perquisite within the meaning of
section 17(2) and are specifically granted to meet expenses wholly, necessarily
and exclusively incurred in the performance of duties of an office or
employment of profit. These allowances will be exempt the extent such
expenses are actually incurred for that purpose. [Section 10(14)(i)].
c. Conveyance allowance:
d. Helper allowance:
e. Academic allowance:
f. Uniform allowance:
1. Allowances which are exempt to the extent of amount received or the limit
specified, whichever less is:
A. Children education allowance:
Exempt upto actual amount received per child or ₹100 p.m. per child
upto a maximum of 2 children, whichever is less.
Exempt upto actual amount received per child or ₹300 p.m. per child
upto a maximum of two children, whichever is less.
E. Border area, remote area allowance, disturbed area allowance, etc.: (as
per given later):
I. Transport allowance:
J. Underground allowance:
Given to the member of the armed forces for altitude of 9000 ft to 15000
ft ₹1,060 p.m. and for altitude above 15000 ft ₹1,600 p.m.
Given to the member of the armed forces in the Andaman & Nicobar and
Lakshadweep Group of Islands exempt to the extent of ₹3,250 p.m.
Allowance which is exempt to the extent of certain
percentage of amount received
Allowance allowed transporting employees working in any
transport system:
If any fixed allowance is given by the employer to the employee who is
working in any transport system, to meet his personal expenditure during his
duty performed in the course of running of such transport from one place to
another,
Note : Exemption will be allowed to the transport employees only when they
are not in receipt of daily allowance.
Note :
Note :
The exemption in respect of HRA is based upon the following factors:
(1) Salary
(2) Place of residence
(3) Rent paid
(4) HRA received.
Problem: No: 1
Solution:
Mr. Aman is working with ABC Ltd. at a Basic Salary of 25,000 pm, Dearness
Allowance which enters to service benefits is 5,000 pm. Calculate his Salary
Income of the PY 2018-19.
Solution:
HRA:
(i) 50% of salary in case of Mumbai, Kolkatta, Delhi and Chennai and
40% of salary in case of all other cities (Or)
(ii) Actual House rent Allowance received (Or)
(iii) The amount by which the actual rent paid by the employee exceeds
10% of his salary.
Problem No: 3
Solution:
Working Note:
Situation: 2 Living in rented houses at Delhi and D.A. enters into pay for
retirement benefits and rent paid is Rs.7,000 p.m.
Situation: 3 Living in rented house at Chandigarh and D.A. does not enter into
pay for retirement benefits and rent paid is Rs.10,000 p.m.
Solution:
Note:
(OR)
Situation: 3
Living in rented house at Chandigarh and D.A. does not enter into pay for
retirement benefits and rent paid is Rs.10,000 p.m.
Computation of gross salary
(OR)
4,00,000@40% = 1,60,000
He is having a family house at the place of his posting but he is living in a rented
house and is paying a rent of Rs.7,000 p.m. Find out his Gross Salary.
Solution:
Working Note:
Chapter – 3
Perquisites
“Perquisite” may be defined as any casual emolument or benefit
attached to an office or position in addition to salary or wages.
(iv) The value of any specified security or sweat equity shares allotted or
transferred, directly or indirectly, by the employer, or former employer,
free of cost or at concessional rate to the assesssee.
(vi) the value of any other fringe benefit or amenity as may be prescribed.
Perquisites Exempted from Tax for all Employees and Not Added in
Salary Income
1. Medical facility:
2. Medical reimbursement:
3. Recreational facilities:
Any recreational facility provided to a group of employees (not being
restricted to a select few employees) by the employer is not taxable.
4. Training of employees:
In the following cases the value of benefit to the assessee resulting from
the provision of interest free or concessional loan shall be nil:
a. where the amount of loans are petty, not exceeding in the aggregate
₹20,000;
b. loans made available for medical treatment in respect of diseases
specified in rule 3A of the Income-tax Rules. However, 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.
Value of benefit shall be 10% p.a. of the actual cost of asset or the
rent charges paid by the employer as reduced by amount paid by the
employee.
iii. His monetary annual salary income is more than Rs. 50,000 p.a.
1. Valuation of Perquisites in respect of Motor Car
and other Modes of Conveyance [Rule 3(2)]
1. When the Motor Car is Owned or Hired by the
Employer
(A). Motor Car is used wholly and exclusively in the
performance of Official Duties:
When the CC is less than / or more than 1600 CC: -
o Perquisites Value is NIL
(C) Used partly for Official and partly for Private Purposes
(B) Used Partly for Official and Partly for Private Purposes
Documentation, a must:—
Notes :
1. When the employer recovers any amount from the employee, such
amount shall be reduced from the Perquisite value arrived as above
except specifically prohibited as stated.
2. When the conveyance is owned by the employee, he can claim inore
than the eligible expenditure specified under the respective categories
subject to maintenance of Documentation as a proof thereof.
3. When the employer provides two cars to the employee, the perquisite
value of one car shall be calculated as if the same has been used
exclusively for private purposes.
If the above servants are engaged by the employer and the facility of
such servants are given 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 or reimbursed by the employer, it will
be a perquisite for all categories of employees.
However, in both the cases the valuation of perquisites shall be done in the
same manner as discussed above.
3. Valuation of Perquisite in respect of Gas,
Electricity or Water Supply provided Free Of Cost
[Rule 3(4)]
The Valuation is explained in the following chart :
If the gas, electricity/water connections are in the name of the employees and
the expenses on the supplies are met by the employer, it is an obligation of
the employee being discharged by the employer and therefore this perquisite
is taxable in the hands of all employees.
In the case of shares listed in India, the fair market value shall be the
average of the opening stock exchange price and closing stock
exchange price of the share on the date of exercise of option.
Where, however, on the date of exercise of the option, the share is
listed on more than one recognized stock exchanges, the fair market
value shall be the average of opening price and closing price of the
share on the recognised stock exchange which records the highest
volume of trading in the share.
Where on the date of exercise of the option, there is no trading in the
share on any recognized stock exchange in India, the fair market value
shall be the closing price of the share on any recognised stock
exchange on a date closest to the date of exercise of the option and
immediately preceding such date.
In the case of unquoted shares, the fair market value shall be
determined by a merchant banker.
Condition to be satisfied
i. Expenditure shall be excluded from perquisite only to the extent
permitted by the Reserve Bank of india
ii. Expenditure shall be excluded from perquisite only in the case of an
employee whose gross total income, as computed before including
therein the expenditure on travelling, does not exceed Rs. 2,00,000
iii. Expenditure shall be excluded from the perquisite only to the extent
permitted by the Reserve Bank of India
9. Valuation of Leave Travel Concession or
Assistance (LTC/LTA) in India. [Section 10(5) &
10(6)(i)]
The employee is entitled to exemption under section 10(5) in respect of the
value of travel concession or assistance received by or due to him from his
employer or former employer for himself and his family, in connection with his
proceeding—
a. on leave to any place in India.
b. to any place in India after retirement from service or after the
termination of his service.
whichever is less
Where journey is performed by 1. Amount of air-conditioned first
RAIL class rail fare by the shortest
route; or
2. the amount spent,
whichever is less
Where the places of origin of 1. Amount of air-conditioned first
journey and destination are class rail fare by the shortest
connected by Rail and journey route; or
is performed by any other mode 2. the amount spent
of Transport
whichever is less
Where the places of origin of
journey and destination (or part
thereof) are not connected by
RAIL
o Where a recognised 1. First class or deluxe class fare
public transport system by the shortest route; or
exists 2. the amount spent,
whichever is less.
o Where No recognised 1. Air-conditioned first class rail
public transport system fare by the shortest route (as if
exists the journey had been performed
by rail); or
2. the amount actually spent,
whichever is less.
One should also keep in view the following Points—
1. Meaning of “Family” -
For this purpose, “family” includes spouse and children of the employee.
It also includes parents, brothers and sisters of the employee, who are
wholly or mainly dependent upon the employee.
However, family does not include more than two surviving children of an
individual born on or after October 1, 1998
3. “Carry-over” Concession -
If an assessee has not availed travel concession or assistance during any of
the specified four-year block periods , exemption can be claimed in the first
calendar year of the next block (but in respect of only one journey). This is
known as “carry over concession”.
Value of Unfurnished accommodation Plus 10% per annum of cost of furniture, if the
furniture is owned by the employer or actual rent of furniture
a) If it is owned by employer
City having population exceeding 10 lakhs but upto 25 lakhs as per 2001 census – 10% of
Salary
City having population exceeding 25 lakhs as per 2001 census – 15% of Salary
15% of Salary
Whichever is less will be taxable
It is not taxable
Actual charges paid or payable for such hotel 24% of the salary
Note: If the hotel accommodation is provided for not more than 15 days on
transfer of employee from one place to another then it will not be taxable.
Salary includes
Basic Salary
Dearness Pay, Dearness Allowance enters into value of service or
retirement benefits
Commission
Bonus
Fess
Value of all taxable allowances
Any other monetary payment, which is chargeable to tax
Leave encashment of salary only if it pertains to the leave earned during
the previous year in which rent free house is provided to the employee.
Solution:
Note: Salary does not include Income tax of employee if paid by employer
: Advance salary and arrears of salary is not included as it does not relates to that
previous year but any salary which has accrued but is not received in that year will be
included.
Salary 3,60,000
D.A. (Fully enters into pay for retirement benefits) 96,000
Hill compensatory Allowance 24,000
Transport Allowance 24,000
Provided with rent free house: Annual License fee 72,000
Cost of furnishing 3,00,000
Calculate value of rent free house
Solution:
Mr.A gets salary of Rs.40,000 p.m. and is provided with rent free
unfurnished accommodation at Ludhiana (Population 20 lakhs as per latest
census) whose fair rental value is Rs.15,000p.m. He gets leave encashment
for the current previous year of Rs.20,000 during the year. House was
provided to him with effect from 1-7-2018. His salary is due on 1st day of
every month. Calculate the value of rent-free accommodation and gross
salary.
Solution:
Mr.Z gets a salary of Rs.33,000 p.m. and he has been provided with rent-free
furnished accommodation at Karnal (Population 7.5 lakhs). The fair rental value
of the unfurnished house is Rs.60,000 p.a. He gets DA @40% of salary which is
given as per terms of employment. He gets education allowance of Rs.500 p.m.
for education of his son. The cost of furnishing of the house is Rs.2,30,000. The
employee has been provided with hired air conditioner for five months and hire
charges of Rs.1,000 p.m. are paid by the employer.
Solution:
(ii)Dearness Allowance @ Rs.5000 p.m. (It enters into pay for retirement
benefits)
Solution:
Mr.M. is an Executive Director of a company and has been provided two cars.
One of the car is costing Rs.16 lacs is meant for his family use and the other one
is meant for official use. The running and maintenance of car for private use are
under:
Petrol 48,000
Insurance 16,000
Driver 60,000
Running and maintenance expenses on the car being used for official duties are
as under:
Solution:
(i)1st car being used for the private/family purposes of the employee
Since employer’s car is being used only for private/family purposes of the
employee, so the value of the perk shall be the amount of expenses incurred by
the employer on the running and maintenance of the car.
-------------
---------------
Value of car perk shall be treated as nil as car is being used only for his
official work and the employee or his family is not deriving any benefits
from this car.
Chapter – 4
1. Terminal Compensation
Any amount of compensation received by an employee from his
employer or former employer in connection with the termination of employment
or modification of terms and conditions of employment is regarded as profits in
lieu of salary. An example of terminal compensation could be the amount paid
on retirement, premature termination, resignation or other circumstances.
Gratuity:-
Gratuity’ is a retirement benefit.
Gratuity Act, 1972 act envisages in providing retirement benefit to the
workman who have rendered long and unblemished service to the
employer.
Gratuity is a reward for long and meritorious service.
Earlier, it was not compulsory for an employer to reward his employee at
the time of his retirement or resignation.
But in 1972 the government passed the Payment of Gratuity Act that
made it mandatory for all employers with more than 10 employees to pay
gratuity.
Applicability of the Gratuity Act, 1972:
The act provides for the payment of gratuity to workers employed
in every factory, mine, oil field, plantation, port, railways, shop &
Establishments or educational institution employing 10 or more
persons on any day of the proceeding 12 months.
A shop or establishment to which the Act has become applicable
shall continue to be governed by the Act even if the numbers of
persons employed falls below 10 at any subsequent stage.
Here employees are defined as those hired on the company’s payroll. Trainees
and interns are not eligible for this compensation.
Eligibility criteria for Gratuity
Gratuity shall be payable to an “employee” on the termination of his
employment after he has rendered continuous service for not less than five
years.
On his superannuation.
On his retirement or resignation.
On his death or disablement due to accident or disease.
Note: However, the condition of five years of continuous service is not
necessary if service is terminated due to death or disablement.
To whom is Gratuity Payable?
Gratuity is normally payable to the employee himself, however in the
case of death of the employee it shall be paid to his nominee & nomination has
been made to his heirs. In case the nominee is a minor; share of the minor shall
be deposited with the controlling authority who shall invest the same for benefit
of the minor, until he/she attains majority.
Gratuity Problem
Mr.Babu retired on 30th November 2018 from a coal mine after putting a
service of 28 years and 10 months. At the time of his retirement he was getting
a salary of Rs.16,000 p.m. and he use to get an increment of Rs.500 p.m. on
1st April every year. His D.A. was Rs.2000 p.m. Gratuity received Rs.3,40,000.
Find out his taxable gratuity, if he is covered under gratuity Act, 1972.
Solution:
---------
3. Meaning of salary:
SOLUTION:
Pension:
The amount received as pension from the employer or from the pension fund
or from any other source as pension would be liable to income tax.
Computation of Income Tax on Pension Income has been explained below.
Exempted Pension
There are very few pension income which are exempted from tax. These are
2. Received from Non Govt Employer: The following amount shall be exempted
Tax Treatment
(b)(ii)(b)If employee does not receive gratuity – The exempted amount shall
be commuted value of one-half of such pension.
(i) Mr.Raja retires from a public limited company on 31st August 2018 and
his pension was fixed at Rs.1500 p.m. He does not commute any part of
pension.
(iii)Mr.Hari retires from Punjab Government service on 30th June 2018 and
his pension has been fixed at Rs.1,200 p.m. He gets 1/3rd of his pension
commuted for Rs.60,000.
(iv) Mr.Reddy retires from private service on 30th April 2018 and his
pension has been fixed at Rs.1,500 p.m. He gets ½ of his pension commuted
and gets Rs.80,000. He also received Rs.75,000 as gratuity. He gets his
pension commuted during January, 2019.
In all cases, pension becomes payable on the 1st day of each month.
Solution:
(i)Uncommuted pension received from public limited company is fully
taxable.
Problem:No:2 (5 Marks)
Mr.Varinder retired on 31st December 2018 and his pension was fixed at
Rs.3,600p.m. He got 3/4th of the pension commuted for which he received
Rs.1,80,000 from his employer, a Ltd Co. Find out the taxable amount of
commuted value of pension if:
Solution:
(a) If he gets gratuity:
Exempted = Rs.80,000
Exempted = Rs.1,20,000
Leave Encashment:
(ii)Salary for approved period of leave standing to his credit at the time of
retirement/leaving job otherwise.
Meaning of salary:
For example, If employee retires on December 31, 2018 then average salary of
10 months will be calculated by taking salary drawn during March 1, 2018 to
December 31, 2018.
Approved period of leave = 30 days/ 1 month leave for every completed year of
service.
(a)If employee receives leave encashment for the first time in his life at the time
of leaving job. While calculating exemption, the maximum notified limit of
Rs.3,00,000 shall be applicable and he shall be granted exemption as per the
least of 4 limits.
Thus,
Maximum Exemption Limit on subsequent occasions = Maximum notified
limit of Rs.3,00,000 – Exemption claimed in past
Problem:No:1
Mr.P retires on 1st July 2018 after 18 years of service and receives
Rs.75,000 as amount of leave encashment for 15 months. His employer allows
45 days leave for every one year of service. During service he has already
encashed leave for 12 months. Calculate the taxable amount of leave
encashment if his salary during 1-7-2017 to 1-7-2018 was Rs.5,000 p.m.
Solution:
Leave due as per section 10 (10AA) @ one month leave for every one year of
service = 18 Months
-------------
-------------
(6X5,000)
Chapter – 5
Deductions out of Gross Salary (Section 16)
The income chargeable under the head “Salaries” is computed after making
the following deductions under Section 16:
1. Standard Deduction
2. Entertainment Allowance Deduction and
3. Professional Tax.
1. Standard Deduction [Sec. 16(i)/(ia)]
Standard deduction is Rs. 50,000 ; or
The following investments and payments are eligible for deduction under
Section 80C of the Income Tax Act, 1961:
Life Insurance: Premiums paid toward all life insurance policies are eligible
for tax benefits under Section 80C. This deduction can be claimed for premiums
paid towards insuring self, spouse, dependent children and any member of
Hindu Undivided Family. An important point to be noted is that if the policy is
issued on or prior to March 31, 2012, annual premium up to a maximum of 20%
of the sum assured becomes tax deductible. For insurance policies issued on or
after April 1, 2012, annual premium up to a maximum of 10% of the sum
assured is tax deductible.
For insurance policy issued on or after 1st April 2013 on the life of person with
diability or disease
Actual premium paid (or) 15% of actual capital sum assured - Whichever is less
Public Provident Fund: Public Provident Fund (PPF) contributions are eligible
for tax deductions under Section 80C. PPF accounts have a maximum deposit
limit of Rs. 1,50,000 per year, therefore, all deposits made to your PPF account
can be claimed as deductions under Section 80C. The money that you put into a
PPF account will be locked-in for a period of 15 years. Partial withdrawals are
permitted after 7 years.
Five Year Bank Deposit: Most banking institutions offer tax saving fixed
deposits where deductions can be claimed under Section 80C of the Income Tax
Act. The condition associated with tax saver fixed deposits is that they come
with a lock-in period of 5 years. Premature withdrawal is not allowed under this
investment. Interest earned on tax saver fixed deposits, however, are taxable and
will be deducted at source.
Stamp Duty and Registration Charges: While buying a property, one of the
largest expenses you will have to bear is the stamp duty and registration
charges. To give taxpayers some relief, the government has included these
expenses under Section 80C of the Income Tax Act, 1961. The deduction can
only be claimed once the property construction is complete and you have legal
possession of the house.
Home Loan Principal Repayment: The amount that goes into repaying the
principal on a home loan is eligible for deduction under Section 80C. To claim
this tax benefit, construction of the property should be complete. If you transfer
the property before the end of 5 years from the year you had taken its
possession, no tax benefits will be awarded. Additionally, the amount claimed
as deduction in the earlier years shall become taxable in the year that the
property is transferred.
From the following particulars, find out the taxable salary of Mrs.Babita
working at Coimbatore (Population 11 Lakhs)
(f)A car (1.4 litre capacity) is provided by employer. All expenses are borne
by employer. It is used both for performance of duties and private
purposes. Car was used by employee for only 11 months during the year.
Solution:
Note: D.A. is not added on salary for the calculation of value of rent-free
accommodation because it does not enter into retirement benefits.
Problem:No: 2
Solution: