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Sr. No. Particulars Sections Page no.
DEDUCTIONSU/S 16
1. Standard Deduction 16(ia) 7
2. EntertainmentAllowance 16(ii) 7
3. Professional Tax / Employment Tax 16(iii) 7
ALLOWANCESEXEMPTU/S 10
1. House Rent Allowance 10(13A) 9
2. Children Education Allowance 10(14) 9
3. Hostel Expenditure Allowance 10(14) 9
4. Conveyance Allowance 10(14) 10
5. Daily Allowances 10(14) 10
6. Uniform Allowances 10(14) 10
7. Foreign allowances 10(7) 10
8. Helper Allowances 10(14) 11
9. Research Allowances 10(14) 11
10. Special Compensatory Allowance 10(14) 11
M/S. SURANA MALOO & CO.
(Chartered Accountants)
2
M/S. SURANA MALOO & CO.
(Chartered Accountants)
3
11. Allowances & Perquisitesgiven to serving Chairman/Member of UPSC 10(45) 12
12. Allowances to RetiredChairman/Members of UPSC 10(45) 12
13. Border area / Remote Locality/ Disturbed Area / DifficultArea Allowance 10(14) 13
14. Tribal Area Allowance 10(14) 13
15. Underground Allowances 10(14) 13
16. Compensatory Modified Area Allowance 10(14) 14
17. Compensatory Field Area Allowance 10(14) 14
18. Highly Active Field Area Allowance 10(14) 14
19. Island Duty Allowance 10(14) 14
20. Counter Insurgency Allowance 10(14) 15
21. High AltitudeAllowance 10(14) 15
22. Other Allowances - 15
PERQUISITESU/S17
1. Rent Free Unfurnished Accommodation to Central & Government employees 17(2) (i)/(ii) 17
2. Rent Free Unfurnished Accommodation to other employees 17(2) (i)/(ii) 18
3. Rent Free Furnished Accommodation 17(2) (i)/(ii) 20
M/S. SURANA MALOO & CO.
(Chartered Accountants)
4
4. A Furnished Accommodation in a Hotel 17(2) (i)/(ii) 20
5.
5.1 - Motor car/ other conveyance – motor car owned or hired by employers
5.2 - Motor car/ other conveyance – motor car owned by employees
5.3 - Where employees own any other automotiveconveyance & actual running & maintenancecharges are met or reimbursed by employer
17(2) (viii)
21
23
24
6. Services of a domestic servant 17(2) (viii) 25
7. Supply of Gas, Water or Electricityfor household purpose 17(2) (viii) 26
8. Education facilities 17(2) (viii) 27
9. Gift / Voucher / Coupon 17(2) (viii) 27
10. Transport facilities 17(2) (vi) 28
11. ESOP/Sweat Equity Shares 17(2) (viii) 29
12. Interest free loan or loan at concessionalrate of interest 17(2) (viii) 30
13. Facilitiesof Travelling,Touring & Accommodation 17(2) (viii) 31
14. Free Food & Beverages provided to the employees 17(2) (viii) 32
15. Credit Card 17(2) (viii) 33
16. Free Recreation / Club Facilities 17(2) (viii) 33
17. Use of movable assetsof employer by employee 17(2) (viii) 34
18. Transfer of movable assets by employer to its employee 17(2) (viii) 34
M/S. SURANAMALOO & CO.
(Chartered Accountants)
5
19. Leave Travel Concessionor Assistance(LTC/LTA) 10(5) 35
20. Medical facilitiesin India 17(2) 36
21. Medical facilitiesoutside India 17(2) 36
22. Any other benefits or amenity extended by employer to employees 17(2)(viii) 37
23. Tax paid by employer on perquisites 10(10CC) 37
24. Other Perquisites - 37
RetirementBenefits U/S10(10)
1. Leave Encashment 10(10AA) 39
2. RetrenchmentCompensation 10(10B) 40
3. Gratuity 10(10) 41
4. Pension - 42
5. Arrear of Salary - 42
6. NPS – National Pension System 10(12A) / 10(12B) 43
7. Voluntary Retirement 10(10C) 43
8. EPF – Employee Provident Fund - 44
9. Other Benefits - 45
M/S. SURANA MALOO & CO.
(Chartered Accountants)
6
M/S. SURANA MALOO & CO.
(Chartered Accountants) 7
• This deduction is includedin section
16(ia) of Income Tax Act, 1961.
• Amount of Rs. 50,000 or the amount
of salary, whicheveris lower is
consideredfor deduction.
• E.g.:-
Standard Deduction
Particulars Until
AY
2018-19
From
AY
2019-20
From
AY
2020-21
Gross Salary (in Rs.) 8,00,000 8,00,000 8,00,000
(-) Transport Allowance 19,200 NA NA
(-) Medical Allowance 15,000 NA NA
(-) Standard Deduction NA 40,000 50,000
Net Salary 7,65,800 7,60,000 7,50,000
Entertainment Allowance
• This deduction is includedin section
16(ii) of Income Tax Act, 1961.
• It received bythe Government
employees & Fully taxablein case of
other employees.
• Least of the following is deductible :
a) Rs 5,000
b) 1/5th of salary (excludingany
allowance, benefitsor other
perquisite)
c) Actual entertainment allowance
received
Professional Tax
• This deduction is includedin section
16(iii) of Income Tax Act, 1961.
• Amount actually paidduring the year is
deductible.
• If professional tax ispaid by the
employeron behalf of its employee than
it is first includedin the salary of the
employee asa perquisiteand then same
amount is allowed as deduction.
• The amount of professionaltax
collecteddoes not exceedRs.2400 per
annum in Gujarat.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
8
M/S. SURANA MALOO & CO.
(Chartered Accountants)
9
• HRA is included u/s 10(13A) of Income Tax Act, 1961.
• Least of the following is exempt:
a) Actual HRA Received
b) 40% of Salary* (50% for Metro cities)
c) Rent paid minus 10% of salary*
* Salary = Basic + DA
Note:
i. Fully Taxable, if HRA is received by an
employee who is living in his own house or if he
does not pay any rent.
ii. It is mandatory for employee to report PAN of
the landlord to the employer if rent paid is more
than Rs.1,00,000 [Circular No. 08 /2013 dated
10th October, 2013].
House Rent Allowance Children Education Allowance
• Children Education Allowance is included in section 10(14) of Income Tax
Act, 1961.
• Up to Rs. 100 per month per child up to a maximum of 2 children is exempt:
-> For 1 Child, 100*1*12= Rs. 1200/-
-> For 2 Children, 100*2*12= Rs. 2400/-
-> In case of more than 2 Children, 100*2*12= Rs. 2400/-
Hostel Expenditure Allowance
• Hostel Expenditure Allowance is included in section 10(14) of Income Tax
Act, 1961.
• Up to Rs. 300 per month per child up to a maximum of 2 children is exempt:
-> For 1 Child, 300*1*12= Rs. 3600/-
-> For 2 Children, 300*2*12= Rs. 7200/-
-> In case of more than 2 Children, 300*2*12= Rs. 7200/-
Conveyance Allowance Daily Allowance
• Conveyance Allowances is included in section 10(14) of
Income Tax Act, 1961.
• It is granted to meet the expenditure on conveyance in
performance of duties of an office.
• It is exempt to the extent of expenditureincurred.
• Conveyance Allowances is included in section 10(14) of
Income Tax Act, 1961.
• It is granted to meet the ordinary daily charges incurred by
an employee on account of absence from his normal place
of duty.
• It is exempt to the extent of expenditureincurred.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
10
Uniform Allowances
• Uniform Allowances is includedin section 10(14) of
Income Tax Act, 1961.
• It is exempt to the extent of expenditureincurred.
Note:
The exemption is for an allowance granted to meet the expenditure
incurred on purchase or maintenance of uniform for the performance
of the duties of an office or employment of profit.
Foreign Allowances
• Foreign Allowances is included in section 10(7) of Income
Tax Act, 1961.
• Foreign allowances or perquisites paid or allowed by
Government to its employees (an Indian citizen) posted
outside India.
• This allowances is fully exempted.
Helper/Assistant Allowance
• Helper or Assistant Allowances is includedin section
10(14) of Income Tax Act, 1961.
• It is exempt to the extent of expenditureincurred.
Research Allowance
• Research Allowances is includedin section 10(14)of
Income Tax Act, 1961.
• It is granted for encouragingthe academicresearch and
other professional pursuits.
• It is exempt to the extent of expenditureincurred i.e.
whatever amount of expense an individual will incurred
will be exempt.
NOTE:- The exemption is for an allowance granted to meet the
expenditure incurred on purchase or maintenance of uniform for the
performance of the duties of an office or employment of profit.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
11
Special Compensatory Allowance
• Special Compensatory Allowance is includedin section
10(14) of Income Tax Act, 1961.
• This allowanceis given in Hilly areas.
• Amount exempt from tax varies from Rs. 300 per month to
Rs. 7,000 per month.
Allowances & Perquisites given to
serving Chairman/Member of UPSC
• This allowance& perquisitesis includedin section
10(45) of Income Tax Act, 1961.
• Following allowances and perquisites given to serving
Chairman/Memberof UPSC is exempt from tax:
a) Value of rent free official residence
b) Value of conveyancefacilitiesincludingtransport
allowance
c) Sumptuary allowance
d) Leave travel concession
• This allowances& perquisitesis fully exempted.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
12
Allowances & Perquisites given to
retired Chairman/Member of UPSC
• This allowance & perquisites is included in section 10(45) of
Income Tax Act, 1961.
• Allowances and Perquisites given to retired
Chairman/Member of UPSC is exempt but at certain
conditions.
• Certain conditionsare as follows:-
A. Exempt subject to maximum of Rs.14,000 per
month for defraying services of an orderly and for
secretarial assistant on contract basis.
B. The value of residential telephone free of cost and
the number of free calls to the extent of 1500 per month
shall be exempt.
Border area / Remote Locality / Disturbed
Area / Difficult Area Allowance
• This allowanceis included in section 10(14) of Income
Tax Act, 1961.
• Amount exempt from tax varies from Rs. 200 per month
to Rs. 1,300 per month.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
13
Tribal Area Allowance
• Tribal Area Allowances is includedin section10(14) of
Income Tax Act, 1961.
• Tribal area allowance given in following area:-
(a) Madhya Pradesh (f) Assam
(b) Tamil Nadu (g) West Bengal
(c) Uttar Pradesh (i) Bihar
(d) Karnataka (j) Orissa
(e) Tripura
• Amount of Rs. 200 per month is given as allowances.
Underground Allowances
• UndergroundAllowances is includedin section 10(14) of
Income Tax Act, 1961.
• It is granted to employees working in uncongenial,
unnaturalclimate in underground mines.
• Amount of Rs. 800 per month is given as allowances.
Compensatory Field Area Allowance
• CompensatoryField Area Allowances is includedin section
10(14) of Income Tax Act, 1961.
• If this exemptionis taken, employee cannot claim any
exemption in respect of border area allowance (Subject to
certain conditions and locations).
• Amount of Rs. 2600 per month is given as allowances.
Compensatory Modified Area Allowance
• Compensatory Modified Area Allowances is includedin section
10(14) of Income Tax Act, 1961.
• If this exemptionis taken, employee cannot claim any
exemption in respect of border area allowance (Subject to
certain conditions and locations).
• Amount of Rs. 1000 per month is given as allowances.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
14
Highly Active Field Area Allowance
• Highly Active Field Area Allowances is included in section
10(14) of Income Tax Act, 1961.
• It is granted to members of armed forces (Subject to certain
conditions and locations).
• Amount of Rs. 4200 per month is given as allowances.
Island Duty Allowance
• Island Duty Allowances is included in section 10(14) of Income
Tax Act, 1961.
• Island Duty Allowance granted to members of armed forces in
Andaman and Nicobar and Lakshadweep group of Island.
• Amount of Rs. 3250 per month is given as allowances.
Counter Insurgency Allowance
• Counter Insurgency Allowances is includedin section
10(14) of Income Tax Act, 1961.
• It is granted to members of Armed Forces operating in
areas away from their permanent locations.
• If this exemptionis taken, employee cannot claim any
exemption in respect of border area allowance (Subject to
certain conditions and locations).
• Amount of Rs. 3900 per month is given as allowances.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
15
High Altitude Allowance
• High Altitude Allowances is includedin section 10(14) of
Income Tax Act, 1961.
• It is granted to armed forces operating in high altitude
areas (Subject to certain conditionsand locations).
• That certain conditions & locations includes:-
a) Up to Rs. 1,060 p.m. (for altitude of9,000-15,000 ft.)
b) Up to Rs. 1,600 p.m. (for altitude above 15,000feet)
Other Allowances
SECTION PARTICULARS EXEMPTION
- Allowancesto Judges of High Court/Supreme Court
Fully exempted.
- Allowancespaid by the UNO to its employees
10(14) Any Allowancegranted to meet the cost of travel on tour or on transfer Exempt to the extent of expenditure incurred
M/S. SURANA MALOO & CO.
(Chartered Accountants)
16
Rent Free Unfurnished Accommodation to Central and State Government
employees
• This perquisite fall under sec. 17(2) (i)/(ii) of Income Tax Act, 1961.
• LicenseFees determinedin accordancewith rules framed by Government for allotment of houses shall be deemed to be the
taxablevalue of perquisites.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
17
Rent Free Unfurnished Accommodation to other employees
• This perquisite fall under section 17(2) (i)/(ii) of Income Tax Act, 1961.
• If House Propertyis owned by the employer:
i. 15% of salary, if populationof city where accommodationis providedexceeds25 lakhs as per 2001 census
ii. 10% of salary, if populationof city where accommodationis provided exceeds 10 lakhs but does not exceed 25lakhs as
per 2001 census
iii. 7.5% of salary, if accommodation is provided in any other city
• If House Property is taken on lease or rent by the employer, the perquisite valueshall be :
Lease rent paid OR Payable by the employer OR 15% of the salary, whicheveris lower.
*Salary includes:- Basic Pay, Dearness Allowance (only to the extent it forms part of retirement benefit salary), Bonus,
Commission, All other allowances& monetarypayment (only taxableportion)
But does not include:- Value of any perquisite[under section 17(2)], Employer’scontributionto PF, Benefits receivedat the
time of retirementlike gratuity, pension etc.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
18
Continued…
Notes:-
1) Rent free accommodationis not chargeableto tax if providedto an employee working at miningsite or an on-shoreoil exploration
site, etc.,—
(i) which is being of temporarynature (subject to conditions)
(ii) which is locatedin remote area.
2) Rent free accommodationif provided to High Court or Supreme Court Judges, Union Ministers, Leader ofOpposition in
Parliament,an officialin Parliament and Serving Chairman and members of UPSC is Tax Free Perquisites.
3) The value so determinedshall be reduced by the amount of rent, if any, paid by the employee.
4) If employeeis transferredand retainproperty at both the places, the taxablevalue of perquisites for initial periodof 90 days shall
be determinedwith reference to only one accommodation(at the option of the assessee). The other one will be tax free. However after
90 days, taxablevalue of perquisitesshall be charged with reference to both the accommodations.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
19
Rent Free Furnished Accommodation
• This perquisite fall under sec. 17(2) (i)/(ii) of Income Tax
Act, 1961.
• Taxable value of perquisites
a) Find out taxable value of perquisiteassuming
accommodationto be provided to the employee is
unfurnished
b) Add: 10% of original cost of furniture and fixtures
(if these are owned by the employer)or actualhigher
chargespaid or payable (if these are taken on rent by
the employer).
Note: The value so determined shall be reduced by the amount of
rent, if any, paid by the employee.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
20
• This perquisite fall under sec. 17(2) (i)/(ii) of Income Tax
Act, 1961.
Taxable value of perquisites
• Value of perquisite shallbe lower of following:
a) Actual chargespaid or payable by the employerto
such hotel
b) 24% of salary
Note: Hotel accommodation will not be chargeable to tax if :
a) It is provided for a total period not exceeding in
aggregate 15 days in the financial year; and
b) Such accommodation in hotel is provided on employee’s
transfer from one place to another place.
Furnished Accommodation in Hotel
Motor Car / Other Conveyance – Motor Car is owned or hired by the employer
Sr.
No.
Circumstances Engine Capacity upto 1600 cc
(value of perquisite )
Engine Capacity above 1600 cc
(value of perquisite)
1. Where maintenances and running expenses including remuneration of the driver are met or reimbursed by the employer.
1-A. If car is used whollyand exclusively
in the performanceof officialduties.
Fully exempt subject to maintenance of specified
documents
Fully exempt subject to maintenance of specified
documents
1-B. If car is used exclusivelyfor personal
purposes of employee or any member
of his household.
Actual amount of expenditure incurred by the employer on the running and maintenance of motor car
including remunerationpaid by the employer to the driver and increasedby the amount representingnormal
wear and tear of the motor car at 10% p.a. of the cost of vehicle less an y amount charged from the employee
for such use is taxable
1-C. The motor car is used partly in the
performance of duties and partly for
personal purposes of t he employee or
any member of his household
Rs. 1,800 per month (plus Rs. 900 per month, if
driver is also provided to run the motor car).
Nothing is deductible in respect of any amount
recovered from the employee.
Rs. 2,400 per month (plus Rs. 900 per month, if
driver is also provided to run the motor car).
Nothingis deductible in respect of any amount
recovered from the employee.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
21
Continued…
Sr.
No.
Circumstances Engine Capacity upto 1600 cc
(value of perquisite )
Engine Capacity above 1600 cc
(value of perquisite)
2. Where maintenances and running expenses are met by the employee.
2-A. If car is used whollyand exclusively in
the performance of officialduties.
Not a perquisite,hence, not taxable. Not a perquisite,hence, not taxable.
2-B. If car is used exclusivelyfor personal
purposes of employee or any member of
his household.
Expenditure incurred by the employer (i.e.hire charges, if car is on rent or normal wear and tear at 10% of
actual cost of the car) plus salary of driver if paid or payable by the employer minus amount recovered
from the employee.
2-C. The motor car is used partly in the
performance of duties and partly for
personal purposes of t he employee or
any member of his household
Rs. 600 per month (plus Rs. 900 per month, if
driver is also provided to run the motor car).
Rs. 900 per month (plusRs. 900 per month, if driver
is also provided to run the motor car).
M/S. SURANA MALOO & CO.
(Chartered Accountants)
22
NOTE:-Motor Car (taxable only in case of specifiedemployees) except when car owned by the employee is used by him or members of his household wholly for
personal purposes and for which reimbursementis made by the employer).
Motor Car / Other Conveyance – Motor Car is owned by the employee
Sr.
No.
Circumstances Engine Capacity upto 1600 cc
(value of perquisite )
Engine Capacity above 1600 cc
(value of perquisite)
1. Where maintenances and running expenses including remuneration of the driver are met or reimbursed by the employer.
1-A. The reimbursementis for the use of the
vehicle wholly and exclusivelyfor official
purposes
Fully exempt subject to maintenance of specified
documents
Fully exempt subject to maintenance of specified
documents
1-B. The reimbursementis for the use of the
vehicle exclusivelyfor the personal purposes
of the employee or any member of his
household
Actual expenditure incurred by the employer minus amount recovered from the employee
1-C. The reimbursementis for the use of the
vehicle partly for officialpurposes and
partlyfor personal purposes of the employee
or any member of his household.
Actual expenditure incurred by the employer
minus Rs. 1800 per month and Rs. 900 per
month if driver is also provided minusamount
recovered from employee.
Actual expenditure incurred by the employer
minus Rs. 2400 per month and Rs. 900 per month
if driver is also provided minus amount recovered
from employee.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
23
Where the employee owns any other automotive conveyance and actual running and
maintenance charges are met or reimbursed by the employer
Sr.
No.
Circumstances Engine Capacity upto 1600 cc
(value of perquisite )
Engine Capacity above 1600 cc
(value of perquisite)
A. Reimbursementfor the use of the vehicle
wholly and exclusivelyfor officialpurposes
Fully exempt subject to maintenance of
specifieddocuments
Fully exempt subject to maintenance of specified
documents
B. Reimbursementfor the use of vehicle partly
for officialpurposes and partly for personal
purposes of employee.
Actual expenditure incurred by the employer
minus Rs. 900 per month minus amount
recovered from employee
Not Applicable
M/S. SURANA MALOO & CO.
(Chartered Accountants)
24
Services of a Domestic Servant
• This perquisite fall under sec. 17(2) (viii) of Income Tax Act, 1961.
• Services of a domestic servant including sweeper,gardener, watchmen or personal at Tendant (Taxablein case of specified
employee only)
• The following employeesare deemed as specified employees:
1) A director-employee
2) An employee who has substantial interest (i.e. beneficial owner of equity shares carrying20% or more voting
power) in the employer-company
3) An employee whose monetary income* under the salary exceeds Rs. 50,000
NOTE:- *MonetaryIncome means Income chargeableunder the salary but excludingperquisitevalue of all non-monetary
perquisites
• Taxablevalue of perquisite shallbe salary paid or payable by the employerfor such servicesless any amount recoveredfrom the
employee.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
25
Supply of Gas, Electricity or Water For Household purposes
• This perquisite fall under sec. 17(2) (viii) of Income Tax Act, 1961.
• Taxablevalue of perquisites:
1) Manufacturing costper unit incurred bythe employer., if provided fromresourcesowned by the employer;
2) Amount paid by the employer, if purchasedby the employer from outside agency
Note:
i. Any amount recovered from the employee shall be deducted from the taxable value of perquisite.
ii. Taxable in case of specified employees only
• The following employees are deemed as specified employees:
1) A director-employee
2) An employee who has substantial interest (i.e. beneficial owner of equity shares carrying 20% or more voting power) in the
employer company
3) An employee whose monetary income* under the salary exceeds Rs. 50,000
*Monetary Income means Income chargeable under the salary but excluding perquisite value of all non-monetary perquisites.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
26
Education Facilities
M/S. SURANA MALOO & CO.
(Chartered Accountants)
27
Facility
extended to
Value of perquisite
Provided in the school owned by the employer Provided in any other school
Children
Cost of such education in similarschool less Rs. 1,000 per month per child
(irrespectiveof numbers of children) less amount recovered from employee
Amount incurred less amount recovered from employee (an
exemption of Rs. 1,000 per month per child is allowed)
Other family
member Cost of such education in similarschool less amount recovered from employee Cost of such education incurred
Particulars Taxable value of Perquisites
Reimbursementof school fees of children or familymember of employees
Fully taxable
Free educational facilities/trainingof employees
Gift / Voucher / Coupon
• This perquisite fall under sec. 17(2) (viii) of Income Tax Act, 1961.
• This gift / voucher / coupon, which was received on ceremonial occasions or otherwise provided to the employee.
• Taxable value of perquisites:-
a) Gifts in cash or convertible into money (like gift cheque) are fully taxable
b) Gift in kind up to Rs.5,000 in aggregate per annum would be exempt, beyond which it would be taxable.
Transport facilities
• This perquisite fall under sec. 17(2) (viii) of Income Tax Act, 1961.
• Transport facilities provided by the employer engaged in carriage of passenger or goods (except Airlines or Railways) (Taxable in case
of specified employee only)
o The following employees are deemed as specified employees:
1) A director-employee
2) An employee who has substantial interest (i.e. beneficial owner of equity shares carrying 20% or more voting power) in the
employer-company
3) An employee whose monetary income* under the salary exceeds Rs. 50,000
*Monetary Income means Income chargeable under the salary but excluding perquisite value of all non-monetary perquisites.
• Value at which services are offered by the employer to the public less amount recovered from the employee shall be a taxable perquisite.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
28
ESOP (Employee Stock Ownership Plan) / Sweat Equity Shares
• This perquisite fall under sec. 17(2) (vi) of Income Tax Act, 1961.
• Taxable value of perquisites
Fair Market value of shares or securitieson the date of exercise of optionby the assessee less amount recovered from the
employee inrespect of such shares shall be the taxablevalue of perquisites.
NOTE:- Fair market value shall be determinedas follows:
a) In case of listed Shares: Average of openingand closing price as on date of exerciseof option (Subject to certain
conditionsand circumstances)
b) In case of unlisted shares/ security other than equity shares: Value determined bya Merchant Banker as on date of
exercise ofoption or an earlier date, not being a date which is more than 180 days earlierthan the date of exerciseof
the option.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
29
Interest free loan or Loan at concessional rate of interest
• This perquisite fall under sec. 17(2) (viii) of Income Tax Act, 1961.
• Interest free loan or loan at concessional rate of interest given by an employer to the employee (or any member of his household) is a perquisite
chargeable to tax in the hands of all employees on following basis:
1. Find out the ‘maximum outstanding monthly balance’ (i.e. the aggregate outstanding balance for each loan as on the last day of each month);
2. Find out rate of interest charged by the SBI as on first day of relevant previous year in respect of loan for the same purpose advanced by it;
3. Calculate interest for each month of the previous year on outstanding amount (mentioned in point 1) at the rate of interest (given in point 2)
4. Interest actually recovered from employee , if any
5. The balance amount (point 3 - point 4) is taxable value of perquisite
• Nothing is taxable if:
a) Loan in aggregate does not exceed Rs 20,000
b) Loan is provided for treatment of specified diseases (Rule 3A) like neurological diseases, Cancer, AIDS, Chronic renal failure, Hemophilia
(specified diseases). However, exemption is not applicable to so much of the loan as has been reimbursed to the employee under any medical
insurance scheme.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
30
Facility of Travelling, Touring And Accommodation
• This perquisite fall under sec. 17(2) (viii) of Income Tax Act, 1961.
• This Facility of travelling, touring and accommodation availed of by the employee or any member of his household for any
holiday.
• Taxablevalue of perquisites:-
a) Perquisite value taxable in the hands of employee shall be expenditure incurred by the employer less amount
recoveredfrom employee.
b) Where such facility is maintained by the employer, and is not available uniformly to all employees, the value of
benefit shall be taken to be the value at which such facilities are offered by other agencies to the public less amount
recoveredfrom employee.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
31
Free food and beverages provided to the employee
• This perquisite fallunder sec. 17(2) (viii) of Income Tax Act, 1961.
• Taxablevalue of perquisites:-
1) Fully Taxable
Free meals in excessof Rs. 50 per meal less amount paid by the employee shallbe a taxable perquisite
2) Exempt from tax
Following free meals shall be exempt from tax
a) Food and non-alcoholicbeverages provided during working hours in remote area or in an offshore installation;
b) Tea, Coffee or Non-Alcoholic beveragesand Snacks during working hours are tax free perquisites;
c) Food in office premises or through non-transferablepaid vouchersusable only at eating joints provided byan
employeris not taxable, if cost to the employer is Rs. 50 (or less) per meal.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
32
Credit Card
• This perquisite fall under sec. 17(2) (viii) of Income Tax
Act, 1961.
• Taxable value of perquisites:-
a) Expenditure incurred by the employer in respect of
credit card used by the employee or any member of
his household less amount recovered from the
employee is a taxable perquisite.
b) Expenses incurred for official purposes shall not be
a taxable perquisite provided complete details in
respect of such expenditure are maintained by the
employer.
Free Recreation/ Club Facilities
• This perquisite fall under sec. 17(2) (viii) of Income Tax
Act, 1961.
• Taxable value of perquisites:-
a) Expenditure incurred by the employer towards
annual or periodical fee etc. (excluding initial fee to
acquire corporate membership) less amount
recoveredfrom the employee is a taxableperquisite
b) Expenses incurred on club facilities for the official
purposes are exempt from tax.
c) Use of health club, sports and similar facilities
provided uniformly to all employees shall be exempt
from tax.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
33
Use of movable assets of the
employer by the employee is a
taxable perquisite
• This perquisite fall under sec. 17(2) (viii) of Income
Tax Act, 1961.
• Taxable value of perquisites
a) Use of Laptops and Computers: Nil
b) Movable asset other than Laptops,
computers and Motor Car*: 10% of original
cost of the asset (if asset is owned by the
employer) or actual higher charges incurred by
the employer (if asset is taken on rent) less
amount recoveredfrom employee.
*See motor car allowances for computation of perquisite
value in case of use of the Motor Car.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
34
Transfer of movable assets by an employer
to its employee
• This perquisite fall u/s 17(2) (viii) of Income Tax Act, 1961.
• Taxablevalue of perquisites
a) Computers, Laptop and Electronics items: Actual cost of
asset less depreciation at 50% (using reducing balance
method) for each completed year of usage by employer less
amount recovered from the employee
b) Motor Car: Actual cost of asset less depreciation at 20%
(using reducing balance method) for each completed year of
usage by employer less amount recoveredfrom the employee
c) Other movable assets: Actual cost of asset less depreciation
at 10% (on SLM basis) for each completed year of usage by
employer less amount recovered from the employee.
Leave Travel Concession or Assistance (LTC/LTA)
• This perquisitesfall under sec. 10(5) of Income Tax Act, 1961.
• It is given by an employer to an employee for going anywhere in India along with his family*.
• The exemption shall be limited to fare for going anywhere in India:-
i. Journey by Air -Airfare of economy class in the NationalCarrierby the shortest route or the amount spent, whichever is lower.
ii. Journey by Rail- Air-conditionedfirstclass railfare by the shortest route or the amount spent, whichever is lower.
iii. If places of origin of journey and destination are connected by rail but the journey is performed by any other mode of transport - Air-conditioned
firstclass rail fare by the shortestroute or the amount spent, whichever is lower.
iv. Exemption limitwhere the places of origin of journey and destination are not connected by rail:
a) Where recognized public transport system exists - First Classor deluxe class fare by the shortestroute or the amount spent, whichever is lower.
b) Where no recognized public transport system exists - Air conditioned first class rail fare by shortest route or the amount spent, which ever is
lower.
NOTE:- (a) *Family includes spouse, children and dependent brother/sister/parents. However, family doesn’t include more than 2 children of an Individual born on or
after 01-10-1998.
(b) Two journeys in a block of 4 calendar years is exempt.
(c)Taxableonly in case of Specified Employees.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
35
Medical facilities
In India
• This perquisites fall under sec. 17(2) of Income Tax Act, 1961.
• Taxable value of perquisites:-
1. Expense incurred or reimbursed by the employer for the medical
treatment of the employee or his family (spouse and children,
dependent - parents, brothers and sisters) in any of the following
hospital is not chargeable to tax in the hands of the employee:
a) Hospital maintained by the employer.
b) Hospital maintained by the Government or Local Authority
or any other hospital approved by Central Government
c) Hospital approved by the Chief Commissioner having
regard to the prescribed guidelines for treatment of the
prescribed diseases.
2. Medical insurance premium paid or reimbursed by the employer
is not chargeable to tax.
Outside India
M/S. SURANA MALOO & CO.
(Chartered Accountants)
36
• This perquisites fall under sec. 17(2) of Income Tax Act, 1961.
• Taxable value of perquisites:-
Any expenditure incurred or reimbursed by the employer for
medical treatment of the employee or his family member outside
India is exempt to the extent of following (subject to certain
condition):
a) Expenses on medical treatment - exempt to the
extent permitted by RBI.
b) Expenses on stay abroad for patient and one
attendant - exempt to the extent permitted by RBI.
c) Cost on travel of the employee or any family or one
attendant - exempt, if Gross Total Income (before
including the travel expenditure) of the employee,
does not exceed Rs. 2,00,000.
Any other benefit or Amenity extended by
employer to employee
• This perquisites fall u/s 17(2) (viii) of Income Tax Act, 1961.
• Taxablevalue of perquisite shall be computed on the basis of
cost to the employer(under an arm’s length transaction)less
amount recoveredfrom the employee.
• However expenseson telephonesincluding a mobile phone
incurred bythe employeron behalf of employee shall not be
treated astaxable perquisite.
Tax paid by the employer on perquisites
• This perquisites fall under sec. 10(10CC) of Income Tax Act,
1961.
• This is tax paid by the employeron perquisites (not provided
for by way of monetarypayments)given to employee.
• This will be fully exempt.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
37
Other Perquisites
• Amount payableby employerto effect an insurance onlife of employee or to effect a contractfor an annuity is fully taxable u/s17(2)(v).
• Employer’s contributiontowards superannuationfund is taxable in the hands of employee to the extent such contributionexceed
Rs.1,50,000 u/s 17(2)(vii).
• Any sum paid by employer in respect of any obligation ofan employeeis fully taxable u/s 17(2)(iv).
M/S. SURANA MALOO & CO. (Chartered Accountants) 38
Leave Encashment
• This retirement benefits fall under sec. 10(10AA) of Income Tax Act, 1961.
1. Encashment of unutilizedearned leave at the time of retirement of Government employees will be fully exempt.
2. Encashment of unutilizedearned leave at the time of retirement of other employees (not being a Government employee)
Least of the following shall be exempt from tax:
a) Amount actually received
b) Unutilized earnedleave*X Average monthly salary
c) 10 months Average Salary**
d) Rs. 3,00,000
*While computing unutilized earned leave, earned leave entitlements cannot exceed 30 days for each year of service rendered to the
current employer
**Average salary = Average Salary***of last 10 months immediately preceding the retirement
***Salary = Basic Pay + Dearness Allowance (to the extent it forms part of retirementbenefits)+turnover based commission.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
39
Retrenchment Compensation
• This retirement benefits fall under sec. 10(10B) of Income Tax Act, 1961.
• Retrenchment Compensation received bya workman under the Industrial DisputeAct, 1947 (Subject to certain conditions).
Least of the following shall be exempt from tax:
a) an amount calculatedas per section25F(b) of the Industrial Disputes Act, 1947;
b) Rs. 5,00,000; or
c) Amount actuallyreceived
Note:
i. Relief under Section 89(1) is available
ii. 15 days averagepay for each completed yearof continuousservice or any part thereof in excess of 6 months is to be
adopted under section 25F(b) of the Industrial Disputes Act, 1947.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
40
Gratuity
• Gratuity received by Government Employees (Other than employees of statutory corporations) is fully exempt u/s 10(10)(i).
• Who are covered under Gratuity Act, 1972 (Subject to
certain conditions) u/s 10(10)(ii).
• Least of following amount is exempt from tax:
1. (*15/26) X Last drawn salary** X completed year of
service or part thereof in excess of 6 months.
2. Rs. 20,00,000
3. Gratuity actually received
*7 days in case of employee of seasonal establishment.
** Salary = Last drawn salary including DA but excluding any
bonus, commission, HRA, overtime and any other allowance,
benefits or perquisite.
• Who are not covered under Gratuity Act, 1972 (Subject to
certain conditions) u/s 10(10)(iii).
• Least of following amount is exempt from tax:
1. Half month’s Average Salary* X Completed years of
service
2. Rs. 20,00,000
3. Gratuity actually received
*Average salary = Average Salary of last 10 months immediately
precedingthe month of retirement
** Salary = Basic Pay + DA (to the extent it forms part of
retirement benefits)+ turnover basedcommission.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
41
Death -cum-Retirement Gratuity received by other Government employees
Pension
• Pension received from United Nation Organization by the employee of his family members is fully exempt.
• Commuted Pension received by an employee Central Government, State Government, Local Authority Employees and Statutory
Corporation is fully exempt u/s 10(10A)(i).
• Commuted Pension received by other employees who also receive gratuity, for them 1/3 of full value will be exempt from tax u/s
10(10A)(ii).
• Commuted Pension received by other employees who do not receive any gratuity, for them 1/2 of full value will be exempt from
tax u/s 10(10A)(iii).
• Family Pension received by the family members of Armed Forces is fully exempt u/s 10(19).
• Family Pension received by the family members in any other case, for them 33.33% of family pension subject to maximum of Rs.
15,000 shall be exempt from tax u/s 57(iia).
M/S. SURANA MALOO & CO.
(Chartered Accountants)
42
Arrear of Salary
• Taxablein the year of receipt. However relief under section 89 is available.
Voluntary Retirement
• This retirement benefits fall under sec. 10(10C) of Income
Tax Act, 1961.
• Least of the following is exempt from tax:
1. Actual amount received as per the guidelines i.e.
least of the following:-
a) 3 months salary for each completed year of
services
b) Salary at the time of retirement X No. of
months of services left for retirement; or
2. Rs. 5,00,000
National Pension System (NPS)
• This retirement benefits fall under sec. 10(12A)/(12B) of
Income Tax Act, 1961.
• Any payment from the National Pension System Trust to an
assessee on closure of his account or on his opting out of the
pension scheme referred to in section 80CCD, to the extent
it does not exceed 60% of the total amount payable to him at
the time of such closure or his opting out of the scheme.
Note:
Partial withdrawal from the NPS shall be exempt to the extent of
25% of amount of contributions made by the employee.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
43
Employee’s Provident Fund
• Tax treatment in respect of contributions made to and payment from various provident funds are summarized in the table given below:
NOTE:- * Salary = Basic Pay + Dearness Allowance(to the extent it forms part of retirementbenefits) + turnover based commission
Payment from recognized provident fund shall be exempt in the hands of employees in followingcircumstances:
a) If employee has rendered continue service with his employer (including previous employer, when PF account is transferred to current employer) for
a period of 5 years or more
b) If employee has been terminatedbecause of certain reasons which are beyond his control (ill health, discontinuationof business of employer,etc.)
M/S. SURANA MALOO & CO.
(Chartered Accountants)
44
Particular Statutory PF Recognized PF Unrecognized PF P.P.F.
Employers contribution to provident fund Fully Exempt Exempt only to the extent of 12% of salary* Fully Exempt -
Deduction u/s 80C on employees contribution Available Available Not available Available
Interest credited to provident fund Fully Exempt
Exempt only to the extent rate of interest
does not exceed 9.5%
Fully Exempt Fully Exempt
Payment received at the time of retirement or
termination of service
Fully Exempt
Fully Exempt (Subject to certain conditions
& circumstances)
Fully Taxable (except
employee’s contribution)
Fully Exempt
M/S. SURANA MALOO & CO.
(Chartered Accountants)
45
Other Benefits
• Lump-sum payment made gratuitously or by way of compensation or otherwise to widow or other legal heirs of an employee who
dies while still in active service [Circular No. 573, dated 21-08-1990] will be fully exempt in the hands of widow or other legal
heirs of employee.
• Ex-gratia payment to a person (or legal heirs) by Central or State Government, Local Authority or Public Sector Undertaking
consequent upon injury to the person or death of family member while on duty [Circular No. 776, dated 08-06-1999] will be fully
exempt in the hands of individual or legal heirs.
• Salary received from United Nation Organization [CircularNo. 293, dated 10-02-1981]will be fully exempt.
• Remuneration received by non-resident foreign citizen as an employee of a foreign enterprise for services rendered in India will
be fully exempt, if:
a) Foreign enterprise is not engagedin any trade or business in India
b) His stay in India does not exceed in aggregate a period of 90 days in such previous year
c) Such remuneration is not liable to deductedfrom the income of employer chargeable under this Act
• Salary received by a non-resident foreign national for services rendered in connection with his employment on a
foreign ship if his total stay in India does not exceed 90 days in the previous year will be fully exempt.
• Salary & Allowances received by a teacher /professor from SAARC member state (Subject to certain conditions) will be fully
exempt.
M/S. SURANA MALOO & CO.
(Chartered Accountants)
46
BY:- Sunil Sinha

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List of benefits available to salaried persons

  • 1.
  • 2. Sr. No. Particulars Sections Page no. DEDUCTIONSU/S 16 1. Standard Deduction 16(ia) 7 2. EntertainmentAllowance 16(ii) 7 3. Professional Tax / Employment Tax 16(iii) 7 ALLOWANCESEXEMPTU/S 10 1. House Rent Allowance 10(13A) 9 2. Children Education Allowance 10(14) 9 3. Hostel Expenditure Allowance 10(14) 9 4. Conveyance Allowance 10(14) 10 5. Daily Allowances 10(14) 10 6. Uniform Allowances 10(14) 10 7. Foreign allowances 10(7) 10 8. Helper Allowances 10(14) 11 9. Research Allowances 10(14) 11 10. Special Compensatory Allowance 10(14) 11 M/S. SURANA MALOO & CO. (Chartered Accountants) 2
  • 3. M/S. SURANA MALOO & CO. (Chartered Accountants) 3 11. Allowances & Perquisitesgiven to serving Chairman/Member of UPSC 10(45) 12 12. Allowances to RetiredChairman/Members of UPSC 10(45) 12 13. Border area / Remote Locality/ Disturbed Area / DifficultArea Allowance 10(14) 13 14. Tribal Area Allowance 10(14) 13 15. Underground Allowances 10(14) 13 16. Compensatory Modified Area Allowance 10(14) 14 17. Compensatory Field Area Allowance 10(14) 14 18. Highly Active Field Area Allowance 10(14) 14 19. Island Duty Allowance 10(14) 14 20. Counter Insurgency Allowance 10(14) 15 21. High AltitudeAllowance 10(14) 15 22. Other Allowances - 15 PERQUISITESU/S17 1. Rent Free Unfurnished Accommodation to Central & Government employees 17(2) (i)/(ii) 17 2. Rent Free Unfurnished Accommodation to other employees 17(2) (i)/(ii) 18 3. Rent Free Furnished Accommodation 17(2) (i)/(ii) 20
  • 4. M/S. SURANA MALOO & CO. (Chartered Accountants) 4 4. A Furnished Accommodation in a Hotel 17(2) (i)/(ii) 20 5. 5.1 - Motor car/ other conveyance – motor car owned or hired by employers 5.2 - Motor car/ other conveyance – motor car owned by employees 5.3 - Where employees own any other automotiveconveyance & actual running & maintenancecharges are met or reimbursed by employer 17(2) (viii) 21 23 24 6. Services of a domestic servant 17(2) (viii) 25 7. Supply of Gas, Water or Electricityfor household purpose 17(2) (viii) 26 8. Education facilities 17(2) (viii) 27 9. Gift / Voucher / Coupon 17(2) (viii) 27 10. Transport facilities 17(2) (vi) 28 11. ESOP/Sweat Equity Shares 17(2) (viii) 29 12. Interest free loan or loan at concessionalrate of interest 17(2) (viii) 30 13. Facilitiesof Travelling,Touring & Accommodation 17(2) (viii) 31 14. Free Food & Beverages provided to the employees 17(2) (viii) 32 15. Credit Card 17(2) (viii) 33 16. Free Recreation / Club Facilities 17(2) (viii) 33 17. Use of movable assetsof employer by employee 17(2) (viii) 34 18. Transfer of movable assets by employer to its employee 17(2) (viii) 34
  • 5. M/S. SURANAMALOO & CO. (Chartered Accountants) 5 19. Leave Travel Concessionor Assistance(LTC/LTA) 10(5) 35 20. Medical facilitiesin India 17(2) 36 21. Medical facilitiesoutside India 17(2) 36 22. Any other benefits or amenity extended by employer to employees 17(2)(viii) 37 23. Tax paid by employer on perquisites 10(10CC) 37 24. Other Perquisites - 37 RetirementBenefits U/S10(10) 1. Leave Encashment 10(10AA) 39 2. RetrenchmentCompensation 10(10B) 40 3. Gratuity 10(10) 41 4. Pension - 42 5. Arrear of Salary - 42 6. NPS – National Pension System 10(12A) / 10(12B) 43 7. Voluntary Retirement 10(10C) 43 8. EPF – Employee Provident Fund - 44 9. Other Benefits - 45
  • 6. M/S. SURANA MALOO & CO. (Chartered Accountants) 6
  • 7. M/S. SURANA MALOO & CO. (Chartered Accountants) 7 • This deduction is includedin section 16(ia) of Income Tax Act, 1961. • Amount of Rs. 50,000 or the amount of salary, whicheveris lower is consideredfor deduction. • E.g.:- Standard Deduction Particulars Until AY 2018-19 From AY 2019-20 From AY 2020-21 Gross Salary (in Rs.) 8,00,000 8,00,000 8,00,000 (-) Transport Allowance 19,200 NA NA (-) Medical Allowance 15,000 NA NA (-) Standard Deduction NA 40,000 50,000 Net Salary 7,65,800 7,60,000 7,50,000 Entertainment Allowance • This deduction is includedin section 16(ii) of Income Tax Act, 1961. • It received bythe Government employees & Fully taxablein case of other employees. • Least of the following is deductible : a) Rs 5,000 b) 1/5th of salary (excludingany allowance, benefitsor other perquisite) c) Actual entertainment allowance received Professional Tax • This deduction is includedin section 16(iii) of Income Tax Act, 1961. • Amount actually paidduring the year is deductible. • If professional tax ispaid by the employeron behalf of its employee than it is first includedin the salary of the employee asa perquisiteand then same amount is allowed as deduction. • The amount of professionaltax collecteddoes not exceedRs.2400 per annum in Gujarat.
  • 8. M/S. SURANA MALOO & CO. (Chartered Accountants) 8
  • 9. M/S. SURANA MALOO & CO. (Chartered Accountants) 9 • HRA is included u/s 10(13A) of Income Tax Act, 1961. • Least of the following is exempt: a) Actual HRA Received b) 40% of Salary* (50% for Metro cities) c) Rent paid minus 10% of salary* * Salary = Basic + DA Note: i. Fully Taxable, if HRA is received by an employee who is living in his own house or if he does not pay any rent. ii. It is mandatory for employee to report PAN of the landlord to the employer if rent paid is more than Rs.1,00,000 [Circular No. 08 /2013 dated 10th October, 2013]. House Rent Allowance Children Education Allowance • Children Education Allowance is included in section 10(14) of Income Tax Act, 1961. • Up to Rs. 100 per month per child up to a maximum of 2 children is exempt: -> For 1 Child, 100*1*12= Rs. 1200/- -> For 2 Children, 100*2*12= Rs. 2400/- -> In case of more than 2 Children, 100*2*12= Rs. 2400/- Hostel Expenditure Allowance • Hostel Expenditure Allowance is included in section 10(14) of Income Tax Act, 1961. • Up to Rs. 300 per month per child up to a maximum of 2 children is exempt: -> For 1 Child, 300*1*12= Rs. 3600/- -> For 2 Children, 300*2*12= Rs. 7200/- -> In case of more than 2 Children, 300*2*12= Rs. 7200/-
  • 10. Conveyance Allowance Daily Allowance • Conveyance Allowances is included in section 10(14) of Income Tax Act, 1961. • It is granted to meet the expenditure on conveyance in performance of duties of an office. • It is exempt to the extent of expenditureincurred. • Conveyance Allowances is included in section 10(14) of Income Tax Act, 1961. • It is granted to meet the ordinary daily charges incurred by an employee on account of absence from his normal place of duty. • It is exempt to the extent of expenditureincurred. M/S. SURANA MALOO & CO. (Chartered Accountants) 10 Uniform Allowances • Uniform Allowances is includedin section 10(14) of Income Tax Act, 1961. • It is exempt to the extent of expenditureincurred. Note: The exemption is for an allowance granted to meet the expenditure incurred on purchase or maintenance of uniform for the performance of the duties of an office or employment of profit. Foreign Allowances • Foreign Allowances is included in section 10(7) of Income Tax Act, 1961. • Foreign allowances or perquisites paid or allowed by Government to its employees (an Indian citizen) posted outside India. • This allowances is fully exempted.
  • 11. Helper/Assistant Allowance • Helper or Assistant Allowances is includedin section 10(14) of Income Tax Act, 1961. • It is exempt to the extent of expenditureincurred. Research Allowance • Research Allowances is includedin section 10(14)of Income Tax Act, 1961. • It is granted for encouragingthe academicresearch and other professional pursuits. • It is exempt to the extent of expenditureincurred i.e. whatever amount of expense an individual will incurred will be exempt. NOTE:- The exemption is for an allowance granted to meet the expenditure incurred on purchase or maintenance of uniform for the performance of the duties of an office or employment of profit. M/S. SURANA MALOO & CO. (Chartered Accountants) 11 Special Compensatory Allowance • Special Compensatory Allowance is includedin section 10(14) of Income Tax Act, 1961. • This allowanceis given in Hilly areas. • Amount exempt from tax varies from Rs. 300 per month to Rs. 7,000 per month.
  • 12. Allowances & Perquisites given to serving Chairman/Member of UPSC • This allowance& perquisitesis includedin section 10(45) of Income Tax Act, 1961. • Following allowances and perquisites given to serving Chairman/Memberof UPSC is exempt from tax: a) Value of rent free official residence b) Value of conveyancefacilitiesincludingtransport allowance c) Sumptuary allowance d) Leave travel concession • This allowances& perquisitesis fully exempted. M/S. SURANA MALOO & CO. (Chartered Accountants) 12 Allowances & Perquisites given to retired Chairman/Member of UPSC • This allowance & perquisites is included in section 10(45) of Income Tax Act, 1961. • Allowances and Perquisites given to retired Chairman/Member of UPSC is exempt but at certain conditions. • Certain conditionsare as follows:- A. Exempt subject to maximum of Rs.14,000 per month for defraying services of an orderly and for secretarial assistant on contract basis. B. The value of residential telephone free of cost and the number of free calls to the extent of 1500 per month shall be exempt.
  • 13. Border area / Remote Locality / Disturbed Area / Difficult Area Allowance • This allowanceis included in section 10(14) of Income Tax Act, 1961. • Amount exempt from tax varies from Rs. 200 per month to Rs. 1,300 per month. M/S. SURANA MALOO & CO. (Chartered Accountants) 13 Tribal Area Allowance • Tribal Area Allowances is includedin section10(14) of Income Tax Act, 1961. • Tribal area allowance given in following area:- (a) Madhya Pradesh (f) Assam (b) Tamil Nadu (g) West Bengal (c) Uttar Pradesh (i) Bihar (d) Karnataka (j) Orissa (e) Tripura • Amount of Rs. 200 per month is given as allowances. Underground Allowances • UndergroundAllowances is includedin section 10(14) of Income Tax Act, 1961. • It is granted to employees working in uncongenial, unnaturalclimate in underground mines. • Amount of Rs. 800 per month is given as allowances.
  • 14. Compensatory Field Area Allowance • CompensatoryField Area Allowances is includedin section 10(14) of Income Tax Act, 1961. • If this exemptionis taken, employee cannot claim any exemption in respect of border area allowance (Subject to certain conditions and locations). • Amount of Rs. 2600 per month is given as allowances. Compensatory Modified Area Allowance • Compensatory Modified Area Allowances is includedin section 10(14) of Income Tax Act, 1961. • If this exemptionis taken, employee cannot claim any exemption in respect of border area allowance (Subject to certain conditions and locations). • Amount of Rs. 1000 per month is given as allowances. M/S. SURANA MALOO & CO. (Chartered Accountants) 14 Highly Active Field Area Allowance • Highly Active Field Area Allowances is included in section 10(14) of Income Tax Act, 1961. • It is granted to members of armed forces (Subject to certain conditions and locations). • Amount of Rs. 4200 per month is given as allowances. Island Duty Allowance • Island Duty Allowances is included in section 10(14) of Income Tax Act, 1961. • Island Duty Allowance granted to members of armed forces in Andaman and Nicobar and Lakshadweep group of Island. • Amount of Rs. 3250 per month is given as allowances.
  • 15. Counter Insurgency Allowance • Counter Insurgency Allowances is includedin section 10(14) of Income Tax Act, 1961. • It is granted to members of Armed Forces operating in areas away from their permanent locations. • If this exemptionis taken, employee cannot claim any exemption in respect of border area allowance (Subject to certain conditions and locations). • Amount of Rs. 3900 per month is given as allowances. M/S. SURANA MALOO & CO. (Chartered Accountants) 15 High Altitude Allowance • High Altitude Allowances is includedin section 10(14) of Income Tax Act, 1961. • It is granted to armed forces operating in high altitude areas (Subject to certain conditionsand locations). • That certain conditions & locations includes:- a) Up to Rs. 1,060 p.m. (for altitude of9,000-15,000 ft.) b) Up to Rs. 1,600 p.m. (for altitude above 15,000feet) Other Allowances SECTION PARTICULARS EXEMPTION - Allowancesto Judges of High Court/Supreme Court Fully exempted. - Allowancespaid by the UNO to its employees 10(14) Any Allowancegranted to meet the cost of travel on tour or on transfer Exempt to the extent of expenditure incurred
  • 16. M/S. SURANA MALOO & CO. (Chartered Accountants) 16
  • 17. Rent Free Unfurnished Accommodation to Central and State Government employees • This perquisite fall under sec. 17(2) (i)/(ii) of Income Tax Act, 1961. • LicenseFees determinedin accordancewith rules framed by Government for allotment of houses shall be deemed to be the taxablevalue of perquisites. M/S. SURANA MALOO & CO. (Chartered Accountants) 17
  • 18. Rent Free Unfurnished Accommodation to other employees • This perquisite fall under section 17(2) (i)/(ii) of Income Tax Act, 1961. • If House Propertyis owned by the employer: i. 15% of salary, if populationof city where accommodationis providedexceeds25 lakhs as per 2001 census ii. 10% of salary, if populationof city where accommodationis provided exceeds 10 lakhs but does not exceed 25lakhs as per 2001 census iii. 7.5% of salary, if accommodation is provided in any other city • If House Property is taken on lease or rent by the employer, the perquisite valueshall be : Lease rent paid OR Payable by the employer OR 15% of the salary, whicheveris lower. *Salary includes:- Basic Pay, Dearness Allowance (only to the extent it forms part of retirement benefit salary), Bonus, Commission, All other allowances& monetarypayment (only taxableportion) But does not include:- Value of any perquisite[under section 17(2)], Employer’scontributionto PF, Benefits receivedat the time of retirementlike gratuity, pension etc. M/S. SURANA MALOO & CO. (Chartered Accountants) 18
  • 19. Continued… Notes:- 1) Rent free accommodationis not chargeableto tax if providedto an employee working at miningsite or an on-shoreoil exploration site, etc.,— (i) which is being of temporarynature (subject to conditions) (ii) which is locatedin remote area. 2) Rent free accommodationif provided to High Court or Supreme Court Judges, Union Ministers, Leader ofOpposition in Parliament,an officialin Parliament and Serving Chairman and members of UPSC is Tax Free Perquisites. 3) The value so determinedshall be reduced by the amount of rent, if any, paid by the employee. 4) If employeeis transferredand retainproperty at both the places, the taxablevalue of perquisites for initial periodof 90 days shall be determinedwith reference to only one accommodation(at the option of the assessee). The other one will be tax free. However after 90 days, taxablevalue of perquisitesshall be charged with reference to both the accommodations. M/S. SURANA MALOO & CO. (Chartered Accountants) 19
  • 20. Rent Free Furnished Accommodation • This perquisite fall under sec. 17(2) (i)/(ii) of Income Tax Act, 1961. • Taxable value of perquisites a) Find out taxable value of perquisiteassuming accommodationto be provided to the employee is unfurnished b) Add: 10% of original cost of furniture and fixtures (if these are owned by the employer)or actualhigher chargespaid or payable (if these are taken on rent by the employer). Note: The value so determined shall be reduced by the amount of rent, if any, paid by the employee. M/S. SURANA MALOO & CO. (Chartered Accountants) 20 • This perquisite fall under sec. 17(2) (i)/(ii) of Income Tax Act, 1961. Taxable value of perquisites • Value of perquisite shallbe lower of following: a) Actual chargespaid or payable by the employerto such hotel b) 24% of salary Note: Hotel accommodation will not be chargeable to tax if : a) It is provided for a total period not exceeding in aggregate 15 days in the financial year; and b) Such accommodation in hotel is provided on employee’s transfer from one place to another place. Furnished Accommodation in Hotel
  • 21. Motor Car / Other Conveyance – Motor Car is owned or hired by the employer Sr. No. Circumstances Engine Capacity upto 1600 cc (value of perquisite ) Engine Capacity above 1600 cc (value of perquisite) 1. Where maintenances and running expenses including remuneration of the driver are met or reimbursed by the employer. 1-A. If car is used whollyand exclusively in the performanceof officialduties. Fully exempt subject to maintenance of specified documents Fully exempt subject to maintenance of specified documents 1-B. If car is used exclusivelyfor personal purposes of employee or any member of his household. Actual amount of expenditure incurred by the employer on the running and maintenance of motor car including remunerationpaid by the employer to the driver and increasedby the amount representingnormal wear and tear of the motor car at 10% p.a. of the cost of vehicle less an y amount charged from the employee for such use is taxable 1-C. The motor car is used partly in the performance of duties and partly for personal purposes of t he employee or any member of his household Rs. 1,800 per month (plus Rs. 900 per month, if driver is also provided to run the motor car). Nothing is deductible in respect of any amount recovered from the employee. Rs. 2,400 per month (plus Rs. 900 per month, if driver is also provided to run the motor car). Nothingis deductible in respect of any amount recovered from the employee. M/S. SURANA MALOO & CO. (Chartered Accountants) 21
  • 22. Continued… Sr. No. Circumstances Engine Capacity upto 1600 cc (value of perquisite ) Engine Capacity above 1600 cc (value of perquisite) 2. Where maintenances and running expenses are met by the employee. 2-A. If car is used whollyand exclusively in the performance of officialduties. Not a perquisite,hence, not taxable. Not a perquisite,hence, not taxable. 2-B. If car is used exclusivelyfor personal purposes of employee or any member of his household. Expenditure incurred by the employer (i.e.hire charges, if car is on rent or normal wear and tear at 10% of actual cost of the car) plus salary of driver if paid or payable by the employer minus amount recovered from the employee. 2-C. The motor car is used partly in the performance of duties and partly for personal purposes of t he employee or any member of his household Rs. 600 per month (plus Rs. 900 per month, if driver is also provided to run the motor car). Rs. 900 per month (plusRs. 900 per month, if driver is also provided to run the motor car). M/S. SURANA MALOO & CO. (Chartered Accountants) 22 NOTE:-Motor Car (taxable only in case of specifiedemployees) except when car owned by the employee is used by him or members of his household wholly for personal purposes and for which reimbursementis made by the employer).
  • 23. Motor Car / Other Conveyance – Motor Car is owned by the employee Sr. No. Circumstances Engine Capacity upto 1600 cc (value of perquisite ) Engine Capacity above 1600 cc (value of perquisite) 1. Where maintenances and running expenses including remuneration of the driver are met or reimbursed by the employer. 1-A. The reimbursementis for the use of the vehicle wholly and exclusivelyfor official purposes Fully exempt subject to maintenance of specified documents Fully exempt subject to maintenance of specified documents 1-B. The reimbursementis for the use of the vehicle exclusivelyfor the personal purposes of the employee or any member of his household Actual expenditure incurred by the employer minus amount recovered from the employee 1-C. The reimbursementis for the use of the vehicle partly for officialpurposes and partlyfor personal purposes of the employee or any member of his household. Actual expenditure incurred by the employer minus Rs. 1800 per month and Rs. 900 per month if driver is also provided minusamount recovered from employee. Actual expenditure incurred by the employer minus Rs. 2400 per month and Rs. 900 per month if driver is also provided minus amount recovered from employee. M/S. SURANA MALOO & CO. (Chartered Accountants) 23
  • 24. Where the employee owns any other automotive conveyance and actual running and maintenance charges are met or reimbursed by the employer Sr. No. Circumstances Engine Capacity upto 1600 cc (value of perquisite ) Engine Capacity above 1600 cc (value of perquisite) A. Reimbursementfor the use of the vehicle wholly and exclusivelyfor officialpurposes Fully exempt subject to maintenance of specifieddocuments Fully exempt subject to maintenance of specified documents B. Reimbursementfor the use of vehicle partly for officialpurposes and partly for personal purposes of employee. Actual expenditure incurred by the employer minus Rs. 900 per month minus amount recovered from employee Not Applicable M/S. SURANA MALOO & CO. (Chartered Accountants) 24
  • 25. Services of a Domestic Servant • This perquisite fall under sec. 17(2) (viii) of Income Tax Act, 1961. • Services of a domestic servant including sweeper,gardener, watchmen or personal at Tendant (Taxablein case of specified employee only) • The following employeesare deemed as specified employees: 1) A director-employee 2) An employee who has substantial interest (i.e. beneficial owner of equity shares carrying20% or more voting power) in the employer-company 3) An employee whose monetary income* under the salary exceeds Rs. 50,000 NOTE:- *MonetaryIncome means Income chargeableunder the salary but excludingperquisitevalue of all non-monetary perquisites • Taxablevalue of perquisite shallbe salary paid or payable by the employerfor such servicesless any amount recoveredfrom the employee. M/S. SURANA MALOO & CO. (Chartered Accountants) 25
  • 26. Supply of Gas, Electricity or Water For Household purposes • This perquisite fall under sec. 17(2) (viii) of Income Tax Act, 1961. • Taxablevalue of perquisites: 1) Manufacturing costper unit incurred bythe employer., if provided fromresourcesowned by the employer; 2) Amount paid by the employer, if purchasedby the employer from outside agency Note: i. Any amount recovered from the employee shall be deducted from the taxable value of perquisite. ii. Taxable in case of specified employees only • The following employees are deemed as specified employees: 1) A director-employee 2) An employee who has substantial interest (i.e. beneficial owner of equity shares carrying 20% or more voting power) in the employer company 3) An employee whose monetary income* under the salary exceeds Rs. 50,000 *Monetary Income means Income chargeable under the salary but excluding perquisite value of all non-monetary perquisites. M/S. SURANA MALOO & CO. (Chartered Accountants) 26
  • 27. Education Facilities M/S. SURANA MALOO & CO. (Chartered Accountants) 27 Facility extended to Value of perquisite Provided in the school owned by the employer Provided in any other school Children Cost of such education in similarschool less Rs. 1,000 per month per child (irrespectiveof numbers of children) less amount recovered from employee Amount incurred less amount recovered from employee (an exemption of Rs. 1,000 per month per child is allowed) Other family member Cost of such education in similarschool less amount recovered from employee Cost of such education incurred Particulars Taxable value of Perquisites Reimbursementof school fees of children or familymember of employees Fully taxable Free educational facilities/trainingof employees Gift / Voucher / Coupon • This perquisite fall under sec. 17(2) (viii) of Income Tax Act, 1961. • This gift / voucher / coupon, which was received on ceremonial occasions or otherwise provided to the employee. • Taxable value of perquisites:- a) Gifts in cash or convertible into money (like gift cheque) are fully taxable b) Gift in kind up to Rs.5,000 in aggregate per annum would be exempt, beyond which it would be taxable.
  • 28. Transport facilities • This perquisite fall under sec. 17(2) (viii) of Income Tax Act, 1961. • Transport facilities provided by the employer engaged in carriage of passenger or goods (except Airlines or Railways) (Taxable in case of specified employee only) o The following employees are deemed as specified employees: 1) A director-employee 2) An employee who has substantial interest (i.e. beneficial owner of equity shares carrying 20% or more voting power) in the employer-company 3) An employee whose monetary income* under the salary exceeds Rs. 50,000 *Monetary Income means Income chargeable under the salary but excluding perquisite value of all non-monetary perquisites. • Value at which services are offered by the employer to the public less amount recovered from the employee shall be a taxable perquisite. M/S. SURANA MALOO & CO. (Chartered Accountants) 28
  • 29. ESOP (Employee Stock Ownership Plan) / Sweat Equity Shares • This perquisite fall under sec. 17(2) (vi) of Income Tax Act, 1961. • Taxable value of perquisites Fair Market value of shares or securitieson the date of exercise of optionby the assessee less amount recovered from the employee inrespect of such shares shall be the taxablevalue of perquisites. NOTE:- Fair market value shall be determinedas follows: a) In case of listed Shares: Average of openingand closing price as on date of exerciseof option (Subject to certain conditionsand circumstances) b) In case of unlisted shares/ security other than equity shares: Value determined bya Merchant Banker as on date of exercise ofoption or an earlier date, not being a date which is more than 180 days earlierthan the date of exerciseof the option. M/S. SURANA MALOO & CO. (Chartered Accountants) 29
  • 30. Interest free loan or Loan at concessional rate of interest • This perquisite fall under sec. 17(2) (viii) of Income Tax Act, 1961. • Interest free loan or loan at concessional rate of interest given by an employer to the employee (or any member of his household) is a perquisite chargeable to tax in the hands of all employees on following basis: 1. Find out the ‘maximum outstanding monthly balance’ (i.e. the aggregate outstanding balance for each loan as on the last day of each month); 2. Find out rate of interest charged by the SBI as on first day of relevant previous year in respect of loan for the same purpose advanced by it; 3. Calculate interest for each month of the previous year on outstanding amount (mentioned in point 1) at the rate of interest (given in point 2) 4. Interest actually recovered from employee , if any 5. The balance amount (point 3 - point 4) is taxable value of perquisite • Nothing is taxable if: a) Loan in aggregate does not exceed Rs 20,000 b) Loan is provided for treatment of specified diseases (Rule 3A) like neurological diseases, Cancer, AIDS, Chronic renal failure, Hemophilia (specified diseases). However, exemption is not applicable to so much of the loan as has been reimbursed to the employee under any medical insurance scheme. M/S. SURANA MALOO & CO. (Chartered Accountants) 30
  • 31. Facility of Travelling, Touring And Accommodation • This perquisite fall under sec. 17(2) (viii) of Income Tax Act, 1961. • This Facility of travelling, touring and accommodation availed of by the employee or any member of his household for any holiday. • Taxablevalue of perquisites:- a) Perquisite value taxable in the hands of employee shall be expenditure incurred by the employer less amount recoveredfrom employee. b) Where such facility is maintained by the employer, and is not available uniformly to all employees, the value of benefit shall be taken to be the value at which such facilities are offered by other agencies to the public less amount recoveredfrom employee. M/S. SURANA MALOO & CO. (Chartered Accountants) 31
  • 32. Free food and beverages provided to the employee • This perquisite fallunder sec. 17(2) (viii) of Income Tax Act, 1961. • Taxablevalue of perquisites:- 1) Fully Taxable Free meals in excessof Rs. 50 per meal less amount paid by the employee shallbe a taxable perquisite 2) Exempt from tax Following free meals shall be exempt from tax a) Food and non-alcoholicbeverages provided during working hours in remote area or in an offshore installation; b) Tea, Coffee or Non-Alcoholic beveragesand Snacks during working hours are tax free perquisites; c) Food in office premises or through non-transferablepaid vouchersusable only at eating joints provided byan employeris not taxable, if cost to the employer is Rs. 50 (or less) per meal. M/S. SURANA MALOO & CO. (Chartered Accountants) 32
  • 33. Credit Card • This perquisite fall under sec. 17(2) (viii) of Income Tax Act, 1961. • Taxable value of perquisites:- a) Expenditure incurred by the employer in respect of credit card used by the employee or any member of his household less amount recovered from the employee is a taxable perquisite. b) Expenses incurred for official purposes shall not be a taxable perquisite provided complete details in respect of such expenditure are maintained by the employer. Free Recreation/ Club Facilities • This perquisite fall under sec. 17(2) (viii) of Income Tax Act, 1961. • Taxable value of perquisites:- a) Expenditure incurred by the employer towards annual or periodical fee etc. (excluding initial fee to acquire corporate membership) less amount recoveredfrom the employee is a taxableperquisite b) Expenses incurred on club facilities for the official purposes are exempt from tax. c) Use of health club, sports and similar facilities provided uniformly to all employees shall be exempt from tax. M/S. SURANA MALOO & CO. (Chartered Accountants) 33
  • 34. Use of movable assets of the employer by the employee is a taxable perquisite • This perquisite fall under sec. 17(2) (viii) of Income Tax Act, 1961. • Taxable value of perquisites a) Use of Laptops and Computers: Nil b) Movable asset other than Laptops, computers and Motor Car*: 10% of original cost of the asset (if asset is owned by the employer) or actual higher charges incurred by the employer (if asset is taken on rent) less amount recoveredfrom employee. *See motor car allowances for computation of perquisite value in case of use of the Motor Car. M/S. SURANA MALOO & CO. (Chartered Accountants) 34 Transfer of movable assets by an employer to its employee • This perquisite fall u/s 17(2) (viii) of Income Tax Act, 1961. • Taxablevalue of perquisites a) Computers, Laptop and Electronics items: Actual cost of asset less depreciation at 50% (using reducing balance method) for each completed year of usage by employer less amount recovered from the employee b) Motor Car: Actual cost of asset less depreciation at 20% (using reducing balance method) for each completed year of usage by employer less amount recoveredfrom the employee c) Other movable assets: Actual cost of asset less depreciation at 10% (on SLM basis) for each completed year of usage by employer less amount recovered from the employee.
  • 35. Leave Travel Concession or Assistance (LTC/LTA) • This perquisitesfall under sec. 10(5) of Income Tax Act, 1961. • It is given by an employer to an employee for going anywhere in India along with his family*. • The exemption shall be limited to fare for going anywhere in India:- i. Journey by Air -Airfare of economy class in the NationalCarrierby the shortest route or the amount spent, whichever is lower. ii. Journey by Rail- Air-conditionedfirstclass railfare by the shortest route or the amount spent, whichever is lower. iii. If places of origin of journey and destination are connected by rail but the journey is performed by any other mode of transport - Air-conditioned firstclass rail fare by the shortestroute or the amount spent, whichever is lower. iv. Exemption limitwhere the places of origin of journey and destination are not connected by rail: a) Where recognized public transport system exists - First Classor deluxe class fare by the shortestroute or the amount spent, whichever is lower. b) Where no recognized public transport system exists - Air conditioned first class rail fare by shortest route or the amount spent, which ever is lower. NOTE:- (a) *Family includes spouse, children and dependent brother/sister/parents. However, family doesn’t include more than 2 children of an Individual born on or after 01-10-1998. (b) Two journeys in a block of 4 calendar years is exempt. (c)Taxableonly in case of Specified Employees. M/S. SURANA MALOO & CO. (Chartered Accountants) 35
  • 36. Medical facilities In India • This perquisites fall under sec. 17(2) of Income Tax Act, 1961. • Taxable value of perquisites:- 1. Expense incurred or reimbursed by the employer for the medical treatment of the employee or his family (spouse and children, dependent - parents, brothers and sisters) in any of the following hospital is not chargeable to tax in the hands of the employee: a) Hospital maintained by the employer. b) Hospital maintained by the Government or Local Authority or any other hospital approved by Central Government c) Hospital approved by the Chief Commissioner having regard to the prescribed guidelines for treatment of the prescribed diseases. 2. Medical insurance premium paid or reimbursed by the employer is not chargeable to tax. Outside India M/S. SURANA MALOO & CO. (Chartered Accountants) 36 • This perquisites fall under sec. 17(2) of Income Tax Act, 1961. • Taxable value of perquisites:- Any expenditure incurred or reimbursed by the employer for medical treatment of the employee or his family member outside India is exempt to the extent of following (subject to certain condition): a) Expenses on medical treatment - exempt to the extent permitted by RBI. b) Expenses on stay abroad for patient and one attendant - exempt to the extent permitted by RBI. c) Cost on travel of the employee or any family or one attendant - exempt, if Gross Total Income (before including the travel expenditure) of the employee, does not exceed Rs. 2,00,000.
  • 37. Any other benefit or Amenity extended by employer to employee • This perquisites fall u/s 17(2) (viii) of Income Tax Act, 1961. • Taxablevalue of perquisite shall be computed on the basis of cost to the employer(under an arm’s length transaction)less amount recoveredfrom the employee. • However expenseson telephonesincluding a mobile phone incurred bythe employeron behalf of employee shall not be treated astaxable perquisite. Tax paid by the employer on perquisites • This perquisites fall under sec. 10(10CC) of Income Tax Act, 1961. • This is tax paid by the employeron perquisites (not provided for by way of monetarypayments)given to employee. • This will be fully exempt. M/S. SURANA MALOO & CO. (Chartered Accountants) 37 Other Perquisites • Amount payableby employerto effect an insurance onlife of employee or to effect a contractfor an annuity is fully taxable u/s17(2)(v). • Employer’s contributiontowards superannuationfund is taxable in the hands of employee to the extent such contributionexceed Rs.1,50,000 u/s 17(2)(vii). • Any sum paid by employer in respect of any obligation ofan employeeis fully taxable u/s 17(2)(iv).
  • 38. M/S. SURANA MALOO & CO. (Chartered Accountants) 38
  • 39. Leave Encashment • This retirement benefits fall under sec. 10(10AA) of Income Tax Act, 1961. 1. Encashment of unutilizedearned leave at the time of retirement of Government employees will be fully exempt. 2. Encashment of unutilizedearned leave at the time of retirement of other employees (not being a Government employee) Least of the following shall be exempt from tax: a) Amount actually received b) Unutilized earnedleave*X Average monthly salary c) 10 months Average Salary** d) Rs. 3,00,000 *While computing unutilized earned leave, earned leave entitlements cannot exceed 30 days for each year of service rendered to the current employer **Average salary = Average Salary***of last 10 months immediately preceding the retirement ***Salary = Basic Pay + Dearness Allowance (to the extent it forms part of retirementbenefits)+turnover based commission. M/S. SURANA MALOO & CO. (Chartered Accountants) 39
  • 40. Retrenchment Compensation • This retirement benefits fall under sec. 10(10B) of Income Tax Act, 1961. • Retrenchment Compensation received bya workman under the Industrial DisputeAct, 1947 (Subject to certain conditions). Least of the following shall be exempt from tax: a) an amount calculatedas per section25F(b) of the Industrial Disputes Act, 1947; b) Rs. 5,00,000; or c) Amount actuallyreceived Note: i. Relief under Section 89(1) is available ii. 15 days averagepay for each completed yearof continuousservice or any part thereof in excess of 6 months is to be adopted under section 25F(b) of the Industrial Disputes Act, 1947. M/S. SURANA MALOO & CO. (Chartered Accountants) 40
  • 41. Gratuity • Gratuity received by Government Employees (Other than employees of statutory corporations) is fully exempt u/s 10(10)(i). • Who are covered under Gratuity Act, 1972 (Subject to certain conditions) u/s 10(10)(ii). • Least of following amount is exempt from tax: 1. (*15/26) X Last drawn salary** X completed year of service or part thereof in excess of 6 months. 2. Rs. 20,00,000 3. Gratuity actually received *7 days in case of employee of seasonal establishment. ** Salary = Last drawn salary including DA but excluding any bonus, commission, HRA, overtime and any other allowance, benefits or perquisite. • Who are not covered under Gratuity Act, 1972 (Subject to certain conditions) u/s 10(10)(iii). • Least of following amount is exempt from tax: 1. Half month’s Average Salary* X Completed years of service 2. Rs. 20,00,000 3. Gratuity actually received *Average salary = Average Salary of last 10 months immediately precedingthe month of retirement ** Salary = Basic Pay + DA (to the extent it forms part of retirement benefits)+ turnover basedcommission. M/S. SURANA MALOO & CO. (Chartered Accountants) 41 Death -cum-Retirement Gratuity received by other Government employees
  • 42. Pension • Pension received from United Nation Organization by the employee of his family members is fully exempt. • Commuted Pension received by an employee Central Government, State Government, Local Authority Employees and Statutory Corporation is fully exempt u/s 10(10A)(i). • Commuted Pension received by other employees who also receive gratuity, for them 1/3 of full value will be exempt from tax u/s 10(10A)(ii). • Commuted Pension received by other employees who do not receive any gratuity, for them 1/2 of full value will be exempt from tax u/s 10(10A)(iii). • Family Pension received by the family members of Armed Forces is fully exempt u/s 10(19). • Family Pension received by the family members in any other case, for them 33.33% of family pension subject to maximum of Rs. 15,000 shall be exempt from tax u/s 57(iia). M/S. SURANA MALOO & CO. (Chartered Accountants) 42 Arrear of Salary • Taxablein the year of receipt. However relief under section 89 is available.
  • 43. Voluntary Retirement • This retirement benefits fall under sec. 10(10C) of Income Tax Act, 1961. • Least of the following is exempt from tax: 1. Actual amount received as per the guidelines i.e. least of the following:- a) 3 months salary for each completed year of services b) Salary at the time of retirement X No. of months of services left for retirement; or 2. Rs. 5,00,000 National Pension System (NPS) • This retirement benefits fall under sec. 10(12A)/(12B) of Income Tax Act, 1961. • Any payment from the National Pension System Trust to an assessee on closure of his account or on his opting out of the pension scheme referred to in section 80CCD, to the extent it does not exceed 60% of the total amount payable to him at the time of such closure or his opting out of the scheme. Note: Partial withdrawal from the NPS shall be exempt to the extent of 25% of amount of contributions made by the employee. M/S. SURANA MALOO & CO. (Chartered Accountants) 43
  • 44. Employee’s Provident Fund • Tax treatment in respect of contributions made to and payment from various provident funds are summarized in the table given below: NOTE:- * Salary = Basic Pay + Dearness Allowance(to the extent it forms part of retirementbenefits) + turnover based commission Payment from recognized provident fund shall be exempt in the hands of employees in followingcircumstances: a) If employee has rendered continue service with his employer (including previous employer, when PF account is transferred to current employer) for a period of 5 years or more b) If employee has been terminatedbecause of certain reasons which are beyond his control (ill health, discontinuationof business of employer,etc.) M/S. SURANA MALOO & CO. (Chartered Accountants) 44 Particular Statutory PF Recognized PF Unrecognized PF P.P.F. Employers contribution to provident fund Fully Exempt Exempt only to the extent of 12% of salary* Fully Exempt - Deduction u/s 80C on employees contribution Available Available Not available Available Interest credited to provident fund Fully Exempt Exempt only to the extent rate of interest does not exceed 9.5% Fully Exempt Fully Exempt Payment received at the time of retirement or termination of service Fully Exempt Fully Exempt (Subject to certain conditions & circumstances) Fully Taxable (except employee’s contribution) Fully Exempt
  • 45. M/S. SURANA MALOO & CO. (Chartered Accountants) 45 Other Benefits • Lump-sum payment made gratuitously or by way of compensation or otherwise to widow or other legal heirs of an employee who dies while still in active service [Circular No. 573, dated 21-08-1990] will be fully exempt in the hands of widow or other legal heirs of employee. • Ex-gratia payment to a person (or legal heirs) by Central or State Government, Local Authority or Public Sector Undertaking consequent upon injury to the person or death of family member while on duty [Circular No. 776, dated 08-06-1999] will be fully exempt in the hands of individual or legal heirs. • Salary received from United Nation Organization [CircularNo. 293, dated 10-02-1981]will be fully exempt. • Remuneration received by non-resident foreign citizen as an employee of a foreign enterprise for services rendered in India will be fully exempt, if: a) Foreign enterprise is not engagedin any trade or business in India b) His stay in India does not exceed in aggregate a period of 90 days in such previous year c) Such remuneration is not liable to deductedfrom the income of employer chargeable under this Act • Salary received by a non-resident foreign national for services rendered in connection with his employment on a foreign ship if his total stay in India does not exceed 90 days in the previous year will be fully exempt. • Salary & Allowances received by a teacher /professor from SAARC member state (Subject to certain conditions) will be fully exempt.
  • 46. M/S. SURANA MALOO & CO. (Chartered Accountants) 46 BY:- Sunil Sinha

Editor's Notes

  1. Taxable only in the hands of specified employees [See note 4] Facility extended to -- Value of perquisite Provided in the school owned by the employer --- Value of perquisite Provided in any other school Children Cost of such education in similar school less Rs. 1,000 pe r month per child (irrespective of numbers of children) le ss amount recovered from employee Amount incurred less amount recovered fro m employee (an exemption of Rs. 1,000 per month per child is allowed) Other f amily membe r Cost of such education in similar school less amount reco vered from employee Cost of such education incurred 2.1 Other Educational Facilities Particulars Taxable Value of Perquisites Reimbursement of school fees of children or family member of employees Fully taxable Free educational facilities/ training of employees Fully exempt