Salaries 2
Salaries 2
“Confidence may not bring success but it gives the power to face any challenge” .
The contribution made by the Central Government in the previous year, to the
Agniveer Corpus Fund account of an individual enrolled in the Agnipath Scheme
referred to in section 80CCH.
Agnipath Scheme is a Central Government Scheme launched in 2022 for enrolment of Indian
youth in the Indian Armed Forces as Agniveers for four years to serve the country.
In pursuance of the Government's decision to implement the Agnipath Scheme, 2022, the
Competent Authority has decided to create a non-lapsable dedicated Agniveer Corpus Fund in
the interest-bearing section of the Public Account head.
Central Government’s contribution to Agniveer Corpus Fund account would form part of salary of
employees under section 17(1).
However, while computing total income of an individual enrolled in the Agnipath Scheme, being the
assessee, a deduction under section 80CCH is allowed to the assessee in respect of his contribution as well
as Central Government’s contribution under Agniveer Corpus Fund referred therein. (Deduction under section
80CCH will be discussed in detail in Chapter 6 – “Deductions from Gross Total Income”)
Deduction under section 80CCH(2) in respect of Central Government’s contribution would be available to an
assessee irrespective of the regime under which he pays tax. However, deduction under section 80CCH(1) in
respect of employee’s contribution would be available to an assessee only if he exercises the option of
shifting out of the default tax regime provided under section 115BAC(1A).
6] Retrenchment Compensation
The retrenchment compensation means the compensation paid under Industrial Disputes Act, 1947 or under any
Act, Rule, Order or Notification issued under any law. It also includes compensation paid on transfer of employment
under section 25F or closing down of an undertaking under section 25FF of the Industrial Disputes Act, 1947.
Retrenchment Compensation :U/S 10(10B):- Compensation received at the time of retrenchment will be exempt
minimum of the following :-
INCOME TAX CA–INTER AY24-25
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Solution-
1]1000000
2]500000
3]15*25000*30=432962Rs Lower will be exempted so exemption is 432962Rs.
26
Note1- 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. Then whole amt. will exempt from tax.
[D]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.
Example: Mr. A, an employee, is given a house by his employer. On 31.3.2024, he is terminated from service,
but he continues to occupy the house without the permission of the employer for six more months after
which he is evicted by the employer. The question arises whether the value of the benefit enjoyed by him
during the six months period can be considered as a perquisite and be charged to salary. It cannot be done
since the relationship of employer- employee ceased to exist after 31.3.2024. However, the definition of
income is wide enough to bring the value of the benefit enjoyed by Mr. A to tax as “income from other
sources”.
Types of Perquisites
7 Any other The value of any other fringe benefit or amenity as may be prescribed by the
CBDT [Section 17(2)(viii)]. Rule 3(7) prescribed the following other benefits or
amenity taxable in case of all the employee.
- Interest free or concessional loan
- Travelling, touring and accommodation
- Free or concessional food and non-alcoholic beverages
- Gift, voucher or token in lieu of such gift
- Credit card expense
- Club expenditure
- Use of movable assets
- Transfer of movable assets
Other benefit or amenity [For valuation, refer discussion on valuation of
perquisite]
Annual accretion to the balance at the credit of the recognised provident fund/NPS/approved
superannuation fund which relates to the employer’s contribution and included in total income (on
account of the same having exceeded ` 7,50,000)
Any annual accretion by way of interest, dividend or any other amount of similar nature during the
previous year to the balance at the credit of the recognized provident fund or NPS or approved
superannuation fund to the extent it relates to the employer’s contribution which is included in total income
in any previous year under section 17(2)(vii) computed in prescribed manner [Section 17(2)(viia)].
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-
TP1 Aggregate of taxable perquisite under section 17(2)(viia) for the previous year
or years commencing on or after 1st April, 2020 other than the current previous
year.
Aggregate of all Preceding PY taxable value of this perquisite, if any.[From PY
2020 till 2023].
R I/ Favg
I Amount or aggregate of amounts of income accrued during the current
previous year in recognized provident fund, national pension scheme u/s
80CCD and approved superannuation fund.
Format for PY 23-24
Balance of Fund as on 31.3.24= 000
Less:EE contr.during current PY= 000
Less:ER contr. During current PY= 000
Less:Fund Balance 1.4.23= 000
This is I= 000
Favg (Amount or aggregate of amounts of balance to the credit of recognized
provident fund, national pension scheme u/s 80CCD and approved
superannuation fund on first day of the current previous year + Amount or
aggregate of amounts of balance to the credit of recognized provident fund,
national pension scheme u/s 80CCD and approved superannuation fund on last
day of the current previous year)/2
Format for PY 23-24-
Total fund balance as on 1-4-23+ Total fund balance as on 31-3-24
2
Point 12 from above table]Leave Travel Concession in India U/s 10(5)-LTC received by employee for himself or
for his family from his employer for proceeding to any place in India-
i) On leave
ii) On retirement or termination
is exempt from tax as per rule 2B-
Note -1-Family means-Spouse and children of individual (Dependent or not) & dependent parents, Brother &
sister.
Note-2-From 1-10-98 the exemption shall be available only in respect of two children .But in case of children born
before 1-10-98 this restriction is not applicable.
Note-3-The exemption under this section shall be available to an individual in respect of 2 journey perform in a
block of 4 calendar years starting from 1986 calendar year.
Note-4- Where such LTC is not availed by an individual during any block of 4 years then exemption can be claimed
in the first calendar year of the next block only for in respect of one journey.
3]In case place of origin of journey & place of destination of journey is not connected by train-
Point 13 from above table] Valuation of Medical Facility: Proviso to section 17(2)-Followings are not taxable in
the hands of employee-
b] In respect of prescribed diseases in any hospital approved by Chief Commissioner or Principal Chief
Commissioner.
c] in respect of any illness relating to COVID-19 subject to conditions notified by the Central
Government
However, in order to claim the above benefit in case of prescribed disease, the employee shall attach
with his return of income a certificate from the hospital specifying the disease or ailment for which
medical treatment was required and the receipt for the amount paid to the hospital.
Thus, the two types of facilities are covered:
A]payment by the employer for treatment in a Government hospital and
B]payment by an employer for treatment of prescribed diseases in any hospital approved by the
principal Chief Commissioner or Chief Commissioner.
3] Premium paid to effect an insurance on the health of employee: Any premium paid by an employer
in relation to an employee to effect an insurance on the health of such employee. However, any such
scheme should be approved by the Central Government or the Insurance Regulatory Development
Authority (IRDA) for the purposes of section 36(1)(ib).
4]Reimbursement of premium paid to effect an insurance on the health of employee or for the family
of an employee: Any sum paid by the employer in respect of any premium paid by the employee to
effect an insurance on his health or the health of any member of his family under any scheme approved by
the Central Government or the Insurance Regulatory Development Authority (IRDA) for the purposes of
section 80D.
5] Reimbursement of expn. Incurred by the employee on medical incurred by the employee on medical
treatment from any Private Doctor is full taxable.
However the expn. On travel will be taxable if the GTI before including such expn. >2lacs Rs.
The perquisite element in respect of expenditure on medical treatment and stay abroad will be exempt
only to the extent permitted by the RBI.
Note- Medical facility to employee & member to his family includes Spouse, Children
(Dependent/Independent /married /unmarried) but dependent parents, brothers, sisters in all the
above cases Hospital includes a dispensary or a clinic or a nursing home.
themselves from payment of any compensation. Therefore, the premium so paid will not constitute a
taxable perquisite in the employees’ hands‡.
[C] Perquisites taxable only in the hands of specified employees [Section 17(2)(iii)]
Any monetary obligation of the employee which is discharged by the employer is perquisite in the hands of
all employees as per section 17(2)(iv). However, sometimes instead of discharging employee’s obligation,
employer provides perquisites in the form of facility to the employee. Such perquisites are taxable in the
hands of specified employees only.
The value of any benefit or amenity granted or provided free of cost or at concessional rate which have not
been included in (A) & (B) above will be taxable in the hands of specified employees. Followings are the
example of such services:
Provision of sweeper, gardener, watchman or personal attendant
Facility of use of gas, electricity or water supplied by employer
Free or concessional tickets
Use of motor car
Free or concessional educational facilities
For valuation of such perquisites, refer discussion on valuation of perquisite.
Specified Employee: Means an employee who satisfy any one of the following conditions:-
1] Employee & Director of the Co.
2] Employee who has substantial interest in the Co. [having >= 20% voting power].
3] Employee whose Monetary Salary is Exceeding 50000Rs.during the P/Y from one or more employer.
1]RENT FREE HOUSE PERQUISITE/VALUATION OF RESIDENTIAL ACCOMMODATION [SUB RULE (1) OF RULE 3]-
Calculation of
Unfurnished
accommodation
provided to an
employee :-
Note2-Salary to be commuted on due basis for d period for which rental accommodation is occupied by d employee.
Note3- Where employee received salary from more than one employer than aggregate salary will be taken.
CASE-3-Value of furnished house:- (In case of Govt. & All other employees)
Value as the house is unfurnished As per Case A Or Case B
Add1) For owned furniture-10% p.a.of original cost of furniture (furniture includes all home appliance)
2) For hired furniture- Actual hiring charge.
CASE-4-Value of accommodation provided in a hotel by Govt. or other- Taxable value will be minimum of following-
i) 24% of salary paid or payable for the year.[Proportionate for number of days stay]
ii) Actual charges paid to hotel.
However nothing will be taxable if following conditions are satisfied-
i) Accommodation is provided for a period not exceeding 15 days and
ii) Provided on transfer from one place to another.
Clarification- In above case (i) firstly calculated 24% of the salary for whole year n then calculated for the period for which
hotel is occupied proportionately on the basis of days.
CASE-5- Accommodation in both city simultaneously-Where on account of transfer from one place to another, employee
has been provided a house at new place of posting while retaining the house at other place then the value shall be with
reference to one house which has lower value for a period of 90 days.
Thereafter the value of both houses would be taxable.
Note- Nothing for rent free house is taxable if following conditions are satisfied-
i) The house is located in a remote area and
ii) It is provided to an employee working at mining site.
Note-(Remote area- an area, which is 40km away from a town having a population not exceeding 20000).
General Note:- Any amount recovered or received in respect of ANY perquisite including RFH will be reduced from the
Taxable value as calculated above.
INCOME TAX CA–INTER AY24-25
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Taxability -
2]Motor Car [Sub-rule
(2) of Rule 3]
If motor car is provided by the employer to the employee, it will be perquisite in the hands of specified employees
only. However, the use of any vehicle provided by a company or an employer for journey by the assessee from his
residence to his office or other place of work, or from such office or place to his residence shall not be regarded as a
benefit given or provided to him free of cost or at concessional rate. [Explanation below section 17(2)(iii)]
But if the motor car is owned by the employee and used by him or members of his family wholly for personal purpose
and for which employer reimburses the running and maintenance expenses of the car, it will be perquisite in the hands of all
employees.
The value of perquisite by way of use of motor car to an employee by an employer shall be determined in the
following manner –
iii)If CAR used for Official n Private both. Actual Expn. 000
Less:if car upto1600 cc 1800PM
If car > 1600 cc 2400PM
If Driver provided 900PM
Or
Actual Expn. for official purpose
Whichever is higher.
Less:Amount received from EE (if) 000
Notes-
1.Month means completed month.
2.When more than one MOTOR CAR is provided-
A]One car any one taxable as used for both Private or Official.
B]Others car as only for Private.
In this case first of all we need to treat all cars once as Full Private and once as used for both official & private and then
need to make combination and the combination results in lowest taxable value will be opt.
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.
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.
(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.
TOUR-
1] If employee is on an official tour & expenses are Actual expenditure of the member of his household.
incurred in respect of any member of his household
accompanying him. Expenses incurred in relation to such extended period
2] Where any official tour is extended as a vacation. of stay.
10] 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’.
B]However, such expenses incurred wholly and exclusively for official purposes would not be
treated as a perquisite if the following conditions are fulfilled.
i)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;
ii)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.
However, where the employer has obtained corporate membership of the club and the facility is enjoyed by the
employee or any member of his household, the value of perquisite shall not include the initial fee paid for
acquiring such corporate membership.
B]Further, if such expenditure is incurred wholly and exclusively for business purposes, it would not be treated as
a perquisite provided the following conditions are fulfilled:-
i)complete details in respect of such expenditure are maintained by the employer which may, inter alia, include
the date of expenditure, the nature of expenditure and its business expediency;
ii)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.
There would be no perquisite for use of health club, sports and similar facilities provided uniformly to all
employees by the employer.
15]Valuation of specified security or sweat equity share for the purpose of section 17(2)(vi) [Sub-rule (8)]
The fair market value of any specified security or sweat equity share, being an equity share in a company, on
the date on which the option is exercised by the employee, shall be determined in the following manner -
If shares are listed on recognized stock exchange - In a case where, on the date of the exercising of the
option, the share in the company is listed on a recognized stock exchange, the fair market value shall be
the average of the opening price and closing price of the share on that date on the said stock exchange
If shares are listed on more than one recognized stock exchange - However, where, on the date of
exercising 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.
“Closing price” of a share on a recognised stock exchange on a date shall be the price of the last
settlement on such date on such stock exchange.
However, where the stock exchange quotes both “buy” and “sell” prices, the closing price shall be the
“sell” price of the last settlement.
“Opening price” of a share on a recognised stock exchange on a date shall be the price of the first
settlement on such date on such stock exchange.
However, where the stock exchange quotes both “buy” and “sell” prices, the opening price shall
be the “sell” price of the first settlement.
(1) If shares are not listed on recognized stock exchange - In a case where, on the date of
exercising of the option, the share in the company is not listed on a recognised stock
exchange, the fair market value shall be such value of the share in the company as
determined by a merchant banker on the specified date.
For this purpose, “specified date” means,—
(i) the date of exercising of the option; or 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.
16]Valuation of specified security, not being an equity share in a company for the purpose of
section 17(2)(vi) [Sub-rule (9)]
The fair market value of any specified security, not being an equity share in a company, on the
date on which the option is exercised by the employee, shall be such value as determined by a
merchant banker on the specified date.
For this purpose, “specified date” means,—
(i) the date of exercising of the option; or
(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.
Tax on perquisite of specified securities and sweat equity shares is required to be paid in the year of
exercising of option. However, where such shares or securities are allotted by the current employer,
being an eligible start-up§, the perquisite is taxable in the year
- after the expiry of 48 months from the end of the relevant assessment year
- in which sale of such security or share are made by the assessee
in which the assessee ceases to be the employee of the employer, whichever is earlier.
Professional Tax. [U/S 16(iii)]:- Employment/professional tax will be allowed as ded in the year in which it’s paid.If this tax
is paid by employer for employee than first it will be included in the Salary as Perquisite & thereafter it is allowed as ded
u/s16(iii). If shifting out from 115BAC(1A).
(2) On account of family pension: Similar tax relief is extended to assessees who receive arrears of family
pension as defined in the Explanation to clause (iia) of section 57.
“Family pension” means a regular monthly amount payable by the employer to a person belonging to the family
of an employee in the event of his death.
(3) No relief at the time of Voluntary retirement or termination of service: No relief shall be granted in respect of
any amount received or receivable by an assessee on his voluntary retirement or termination of his service, in
accordance with any scheme or schemes of voluntary retirement or a scheme of voluntary separation (in the case
of a public sector company), if exemption under section 10(10C) in respect of such compensation received on
voluntary retirement or termination of his service or voluntary separation has been claimed by the assessee in
respect of the same assessment year or any other assessment year.
INCOME TAX CA–INTER AY24-25
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