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INCOME FROM SALARY
CHARGING SECTION ( SEC 15)
CHARGING SECTION/BASIS OF CHARGE
(SECTION 15)
1) There must be employer employee relationship.
2) Salary is taxable either on due or receipt basis whichever is earlier
(therefore advance salary is also taxable)
3) Arrears of salary not taxed earlier are also taxable in the year of receipt
(increment with retrospective effect)
COMPUTATION OF INCOME FROM SALARY
Particulars Amount (₹) Amount ( ₹)
Basic Salary ..........
Allowances ..........
Perquisites ..........
Provident Fund ..........
Retirement Benefits
Profit in lieu of Salary
Advance Salary or Arrears of Salary
Gross Salary ..........
Less : Deduction u/s 16
a. Entertainment Allowance [ u/s 16(ii) ] ........
b. Professional Tax [ u/s 16 (iii) ] ......... ........
INCOME FROM SALARY ..........
ALLOWANCES
Types of
Allowances
Taxable
Allowances
Partly
Exempt
Allowances.
Fully Exempt
Allowances.
FULLY TAXABLE ALLOWANCES
Dearness Allowance / Dearness Pay / Additional Dearness Allowance
Medical Allowance.
Breakfast Allowance, Servant Allowance, Deputation Allowance.
City Compensatory Allowance (CCA).
Entertainment Allowance (No exemption, only deduction)
All Allowances are taxable unless fully or partly exempt
PARTLY EXEMPT ALLOWANCES
(HOUSE RENT ALLOWANCE [ SEC 10 (13A)])
Particulars Rs.
Actual HRA Received.
Less: Lower of following is Exempt U/s 10(13A) :
a) Actual HRA Received.
b) Rent paid in excess of 10% of Salary
c) 40% of Salary (50% if house situated at Delhi ,Mumbai, Kolkata &
Chennai )
XXX
XXX
XXX
XXX
Value of Furnished Accomodation XXX
Note:- Salary = Basic + DA, if terms of employment so provide + Commission, if based on fixed % of
turnover.)
QUESTION
• Mr. M.F. Hussian Staying At Madras, Working In Big Ltd., Receives Monthly
Rs.12,500 As Basic Salary; Rs.3,000 As DA Of Which 50% Is Provided in
Terms Of Employment And 4% As Commission On Turnover Achieved By
Him.
• He Is Paid An HRA Of Rs. 1,800 Per Month. The Turnover Achieved By Him
For The Year is Rs. 15 Lakhs. House Rent Paid By Him Is Rs. 2,500 P.M. He
Received Advance Salary Of Rs.50,000 In March 2015 Relating To The Period
April To July 2015.
• Determine The Taxable HRA. Also Determine Taxable Salary.
ANSWER
Particulars Amt.
Actual HRA (1800*12)
Lower of following is Exempt :
a. Actual HRA Received. (1800*12)
b. Rent paid in excess of 10% of Salary [30,000 – 22, 800]
c. 50% of Salary (Note -1)
21,600
21,600
7,200
1,14,000
Taxable HRA 14,400
Calculation of HRA
Particulars Amt.
Basic Salary ( 12,500*12)
DA If [3000*50% *12]
Commission If( 15lakhs *4%)
1,50,000
18,000
60,000
Salary for the Payment of HRA 2,28,000
10% of Salary (2,28,000*10%) 22,800
50% of Salary (2,28,000*50%) 1,14,000
Note -1 Computation of Taxable Salary for the Purpose of HRA
ANSWER (CONT.…)
Particulars Amt.
Basic Salary ( 12,500*12)
Allowances [(3000*12) +14,400]
Commission( 15lakhs *4%)
Advance Salary
1,50,000
50,400
60,000
50,000
Taxable Salary 3,10,400
Computation of Taxable Salary
PARTLY EXEMPT ALLOWANCES(CONT…)
SR
Allowances Exemption Limit
1 Children Education Allowance Rs.100/- pm per child. Max 2 Children.
2 Children Hostel Exp Allowance Rs.300/- pm per child. Max 2 Children.
3 Tribal Area Allowance Rs.200/- pm
4 Transport Allowance (between residence &
office)
Rs.1600/- pm ;
Rs.3200 pm for blind/handicapped.
5 Running Allowance / Allowance to
employees working in Transport systems
Least of 70% of Allowance or Rs.10000/-
pm
6 Underground Allowance Rs.800 pm
7 Compensatory Field Area Allowance Max Rs.2600 pm
8 Compensatory modified Hill Area
Allowance
Max Rs.1000 pm
FULLY EXEMPT ALLOWANCES
1) Foreign allowance: Section 10 (7) – Any allowance paid outside India by the Government to
an Indian citizen for rendering service outside India is fully exempt e.g.: Overseas allowance,
EA, children education allowance, car allowance etc.
2) Allowance to High Court and Supreme Court Judges – High Court Judges (Conditions of
Service) Act, 1954; similarly Supreme Court Judges (Conditions of Service) Act, 1958
3) Allowance from UNO – u/s 2 of United Nations (Privileges & Immunities) Act, 1974. (Note: -
Salary received from UNO not taxable in India.)
4) Special allowance exclusively incurred in the performance of official duties is fully exempt
U/s 10(14) to the extent of actual amount spent like travel allowance, conveyance, helper,
research, uniform allowance.
QUESTION
• Mr. Rajiv Gandhi Is Working As Pilot In Indian Airlines And Apart From Basic Salary
He Is Paid The Following Allowance:
a) Entertainment Allowance Rs.1, 200 P.M.
b) Uniform Allowance Rs.800 P.M. (Actually Spent On Uniform Rs.500 P.M.)
c) Conveyance Allowance Rs.2, 000 P.M. Of Which 40% Was Spent On Personal
Purposes.
d) Special Allowance To Meet Personal Expenses While On Duty Rs.10,000 P.M.
e) Children Education And Hostel Allowance Rs.900 P.M. He Has 2 Children Studying
In School And Staying In Hostel
Determine The Taxable Amount Of The Above Allowances.
ANSWER
Particulars Amt. Amt.
a)Entertainment Allowance
b)Uniform allowance
(-)Exempt U/s 10(14)
c) Conveyance allowance
(-)Exempt U/s 10(14)
d) Special allowance
(-)Exempt U/s 10(14)
e) Children Education and hostel
allowance
(-)Exempt U/s 10(14)
(1200*12)
9,600 (800*12)
6,000 (500*12)
24,000(2000*12)
14,400(24,000*60%)
1,20,000(10,000*12)
84,000(1.2lacs *70%)
10,800(900*12)
9,600(400*12*2)
14,400
3,600
9,600
36,000
1,200
Taxable allowances 64,800
Calculation of Taxable allowances
PERQUISITES
• Perquisites are the non-cash benefits, which an employee receives from his
employer during the course of employment.
• Most often referred to as “perks” or “perqs”.
• They are any casual emolument or benefit attached to an office or position in
addition to salary or wages.
Taxation of perquisites:
 If for personal purpose – Taxable
 If for official purpose – Not taxable
• They are either provided at free of cost or at concessional rates
PERQUISITES TAXABLE IN ALL CASES
1. Rent Free Accommodation (RFA) - Sec 17(2)(i).
2. Value of accommodation provided at concessional rent- Sec 17(2)(ii).
3. Obligation of employee met by the employer- Sec 17(2)(iv).
4. Any sum payable by the employer to effect insurance on the life of employee- Sec
17(2)(v).
5. ESOP or SES free of cost or at concessional rate transferred to the asseessee directly
or indirectly- Sec 17(2)(vi)
6. Amount of any contribution to approved super annuation fund by the employer to the
extent it exceeds Rs 1 Lakh - Sec 17(2)(vii)
PERQUISITES TAXABLE IN ALL CASES (CONT…)
7. Value of prescribed fringe benefits or amenities like- [Sec 17(2)(viii)]:
i. Interest free or concessional loans [Rule 3(7)(i)]
ii. Travelling, touring, accommodation (ie, holiday homes) [Rule 3(7)(ii)]
iii. Free food [Rule 3(7)(iii)]
iv. Gifts [Rule 3(7)(iv)]
v. Credit card facilities [Rule 3(7)(v)]
vi. Club facilities [Rule 3(7)(vi)]
vii. Use of movable assets [Rule 3(7)(vii)] – (possession)
viii.Transfer of movable assets [Rule 3(7)(viii)] – (possession and ownership)
PERQUISITES NOT TAXABLE
[BASED ON LIMITS OR CONDITIONS]
1. Medical Benefits [proviso to Sec 17(2)]:-
2. Employer’s hospital: Medical facility provided in a hospital, clinic etc. maintained by
employer is not taxable.
3. Government Hospital: Reimbursement or direct payment of expenses incurred in any hospital
maintained by government, local authority or approved hospitals (approved by
Govt/CCIT/CIT) is not taxable.
4. Prescribed disease: Reimbursement or Direct payments made by employer to hospitals
approved by Chief Commissioner towards treatment of prescribed diseases (given in Rule 3A
like cancer, TB, AIDS, disease of the heart, blood, liver etc. requiring surgical operation) is not
taxable.
PERQUISITES NOT TAXABLE( CONT…)
5. Group insurance: Group medical insurance or medical insurance premium is not
taxable.
6. Limit of Rs 15,000: In any other case not covered above, direct payment or
Reimbursement of medical expense is not taxable upto Rs. 15,000 p.a. (Eg: medical
bills, treatment in private nursing homes or hospitals)
7. International / Foreign: Medical treatment outside India including cost of stay outside
India to the extent permitted by RBI is not taxable.
8. Expenses on travel abroad with one attendant is also not taxable if the Gross Total
Income does not exceed Rs. 2,50,000 (without considering this travel expenses.)
PERQUISITES NOT TAXABLE( CONT…)
9. Refreshments to all employees during working hours in office premises is not
taxable.
10. Recreational facilities is not taxable.
11. Training of employees or fees paid for refresher management course is not
taxable.
12. Premium on personal accident policy is not taxable.
13. Foreign perks allowed outside India by the Govt. to a citizen of India for
rendering services outside India. Sec. 10(7) is not taxable.
PERQUISITES NOT TAXABLE
[BASED ON LIMITS OR CONDITIONS]
RFA to High Court & Supreme Court Judges, officials
of parliament, Union minister or leaders of opposition in
Parliament.
Conveyance facility provided by employer
Telephone bills and Mobile Bills
Goods (manufactured by Employer) sold to employee
Traveling facility to employees of railways or airlines
PERQUISITES TAXABLE IN THE HANDS OF
SPECIFIED EMPLOYEES
1. Status: Director employee - full time or part time-director for whole or part of a year.
2. Shareholding: Employee having substantial interest in the company i.e., not less
than 20% voting powers in the company.
3. Income: Employee whose Income under the head salaries exceeds Rs. 50,000 for the
year excluding value of Non-monetary benefits, Employers contribution to P.F. and
after allowing deductions u/s 16.
QUESTION
• From The Following Information Find Out Gross Salary Of Mr. FTP Who Is Employee In
ITC For The Current Assessment Year:
a) Basic Salary Rs. 3,95,000
b) Medical Expenditure Directly Paid By The Employer To Private Practitioner Rs. 25,000
c) Medical Expenditure Directly Paid By The Employer To Hospital Approved By CCIT Rs. 50,000
d) Reimbursement Of Medical Expenses Incurred By The Employee In A Hospital Approved By
Ccit Rs. 10,000
e) Expenditure On Traveling Abroad (Including Attendant) Borne By Employer Rs.1,00,000
f) Expenditure Incurred On Treatment Abroad Borne By Employer Rs. 1,50,000 (Out Of This
Amount RBI Granted Permission For Rs. 1,00,000)
ANSWER
Particulars Amt. Amt.
a)Basic Salary
b) Medical expenditure
(-)Not taxable (Proviso Sec 17(2))
c) Medical exp. App by CCIT
Is not taxable
d) Reimbursement of medical expenses
e) Expenditure on traveling abroad is not
Exempt as GTI >2lacs
e) Exp. incurred on treatment abroad
(-)Permitted by RBI
25,000
15,000
1,50,000
1,00,000
3,95,000
10,000
-
-
1,00,000
50,000
Gross Salary 5,55,000
Calculation of Gross Salary
VALUATION OF PERQUISITES (RFA)
Category A – Government Employees (Central / State Government but excludes employees
of Local Authority or Foreign Government)
RFA= License fee as per government rules
Category B
Other Employees if accommodation is owned by employer in a place where the
population:-
• exceeds 25 Lakhs : ……………..………………....RFA = 15% of Salary
• exceeds 10 Lakhs but not exceeding 25 Lakhs: …..RFA = 10% of Salary
• Any other place :…………………………………..RFA = 7.5% of Salary
Category C
Lease or rent - If accommodation is taken on lease or rent by employer
RFA = Rent Payable or 15% of Salary whichever is less irrespective of population
RFA( CONT…)
Category D - Dual Accommodation on transfer - In case of transfer of employee from one
place to another, if accommodation provided at new place of posting while retaining the
original place, the taxability as under:
(a) Lower of values of perquisites of RFA upto a period not exceeding 90 days
(b) After 90 days, both are chargeable as perquisite.
Category E – Exemption for Mining site - An employee working at a mining site or an
onshore /offshore site or project execution or dam or power generation site is not taxable
(being of a temporary nature and having plinth area not exceeding 800 square feet, is
located not less than eight kilometers away from the local limits of any municipality or a
cantonment board or in remote area)
(Remote area refers to an area 40 kms away from any town having population not
exceeding 20,000).
RFA( CONT…)
Category G - Hotel Accommodation (including service apartments, guest house or
motel) –
• Applicable to both Government and other employees
• Perquisites = 24% of salary or Actual charges payable to hotel whichever
is less.
• This perquisite is not taxable if the accommodation period does not
exceed in aggregate 15 days on his transfer from one place to another.
[Eg: If provided for 16 days, entire 16 days is taxable]
NOTE:
Salary for RFA = Basic + DA if + ABC any monetary payments like leave
encashment, pension, fees, annuity etc., but excludes PF contribution and Perquisites.
VALUATION OF FURNISHED ACCOMODATION
Particulars Rs.
Value of Unfurnished Accomodation as above
Add: Value of Furniture
• If Owned by Employer, then 10% per annum of Original cost
of such Furniture
• If hired from Third Party, then Actual Hire Charges
Less: Any Charges paid or payable by the Employee
XXX
XXX
XXX
(XXX)
Value of Furnished Accomodation XXX
QUESTION
Mr. Z, An Employee Of ABC Ltd. Gets
a) Rs.60,000 As Basic
b) Rs. 6,000 As Commission
c) 4,000 As Bonus
d) Rs.6000 As Uniform Allowance (60% Spent For Uniform)
e) Rs.12,000 As Conveyance Allowance (75% Utilised For Official Purpose) And EA
Rs.9,000.
A Rfa Is Provided At A Place Where Population Is (A) > 25 L (B) < 4 L .
Determine The Value Of Rfa.
ANSWER
Particulars Amt.
a)Basic Salary
b) Commission
c) Bonus
d) Uniform Allowance
e) Conveyance Allowance
e) EA
60,000
6,000
4,000
2400(6000-3600)
3000(12000-9000)
9000
Salary for the Purpose of RFA 84,400
a) Population >25 lacs 15% of Salary i.e, Rs. 12,660
b) Population < 4 lacs 7.5% of Salary i.e, Rs. 6,330
Calculation of Salary for the Purpose of RFA
DOCUMENTS REQUIRED FOR CLAIMING THE
ALLOWANCES AND EXEMPTIONS
Furnishing of evidence of claims by employee for deduction of tax under section 192 in form 12BB :
Sl No. Nature of Claims Evidence or Particulars
1 House Rent Allowance Name, Address, Rent paid receipts, PAN of the
Landlord, where the aggregate rent paid during the
previous year exceeds Rs. One Lakh.
2 Leave Travel Concession Evidence of Expenditure( eg. Flight/ Train Tickets)
3 Medical Reimbursements Medical Bills
4 Reimbursement of Expenses
towards Telephone, Car
Maintenance etc.
Telephone Bills, Fuel Bills, Repair Bills etc.
3 Deduction under Chapter VI-
A
Evidence of Investment or Expenditure
VALUATION OF PERQUISITES
1. RFA
2. Value of Accommodation provided at concessional Rent
3. Obligation of Employee met by employer
4. Employee Stock Option Plan (ESOP) / Sweat Equity Shares (SES)
5. PRESCRIBED FRINGE BENEFITS OR AMENITIES
i. Interest free Loans / Concessional Interest
ii. Traveling, Touring, Accommodation
iii. Free meals
iv. Gifts/ Vouchers/ Tokens
v. Credit Cards
vi. Club Facilities
vii. Use of Movable Assets & Transfer of movable assets
Nature of Perquiisite Taxable Value of Perquisite
Interest Free Loans/ Concessional
Interest
SBI Rate = SBI Rate Prevailing on
the 1st Day of the PY
1. provided to Employee or member of household
P =ROI p.a. as given by SBI as on 1st April of every
financial year
2. Value less Interest recovered from Employee
In case of Concesssional
Exception
• Loan given for treatment in respect of specified
diseases like cancer, TB, AIDS etc..
• loans not exceeding in the aggregate Rs. 20,000
Free meals during Office hours in
remote area or off-shore
installation area is not taxable
• Actual cost to the Employer( up to Rs. 50 per
meal/Tea/Snacks is Not Taxable)
(-) Amt. recovered from the Employee.
• Tea or Non- Alcoholic Beverages/ Snacks during
working hours are not taxable
PRESCRIBED FRINGE BENEFITS OR AMENITIES
CONT…
Nature of Perquiisite Taxable Value of Perquisite
Value of any Gift or Voucher taken other than
Gifts made in cash or convertible into money
(Eg. Gift Cheques) or Ceremonies
• Value of the Gift(Gift in cash Fully taxable)
• In case of aggregate value of gift during the PY
is less than Rs. 5000 then it is not a taxable
perquisite.
Expenditure incurred on Credit card or adds on
a card including membership fees and annual
fee.
• Actual Expenditure to Employer less amt.
recovered from employee
• If it is incurred for official purposes and
supported the necessary docs then it is not
taxable
Exp. Incurred on Club other than health club or
sports club or similar facilities provided
uniformly to all Employees
• Actual Expenditure less amt. recovered
• If it is incurred for official purposes and
supported the necessary docs then it is not
taxable
Use of any movable assets other than computer
or laptop or other assets already mentioned
10% p.a of actual cost or/ and actual rent/Hire
charges payable by employer, as the case may be
(less) amount Recovered
Exception: - Laptops
TRANSFER OF MOVABLE ASSETS
a) Employee or member of household.
b) In case of computers and electronic items
Perquisite = Actual cost (less) 50% depreciation under WDV method
a) In case of Motor cars
Perquisite = Actual Cost (less) 20% depreciation under WDV method
a) In case of Other Assets ( including household appliances):
Perquisite = Actual Cost (less) 10% depreciation under SLM method
a) For above values of perquisite reduce amount recovered.
b) Depreciation is calculated for each completed year.
PERKS ARE TAXABLE IN THE HANDS OF SPECIFIED
EMPLOYEES
Nature of Perquisite Taxable Value of Perquisite
Domestic Servants, Sweepers, Watchman
and Gardner
• Actual Expenditure to Employer less amt.
recovered from employee
Gas, Electricity, Water supply • Procured from outside agency : Amt. Paid to
outside Agency
• Perquisite = Manufacturing cost per unit i.e.,
Actual Expenses(less) amount recovered
Education Facility to members of his
household
a) If Educational Institution is owned by
Employer or the school sponsored by the
Employer
b) Other Schools
• If the cost od Education per child does not
exceed Rs. 1,000 p.m not taxable.
Otherwise Taxable
• Cost of such education in similar institution (-)
Amt. recovered
• Cost of Education from Employee
(-) Amt. recovered from Employee
MOTOR CAR
Employee Employer
Expenses met by Expenses met by
USED FOR
• Official(O)
• Personal (P)
• Partly Official /
Partly Personal
(PO/PP)
NOT A PERK FOR
ALL THE 3 CASES
USED FOR
(O) = No perk
(P) = AE + 10% of
Original Cost / hire
charges + driver’s salary
(PO/PP) = Not exceeding
1600CC
= [1.800]
Exceeding 1600CC
= [2,400]
USED FOR
(O) = No perk
(P) = 10% of Original Cost
/ hire charges + driver’s
salary
(PO/PP) = Not exceeding
1600CC
= [600]
Exceeding 1600CC
= [900]
USED FOR
(O) = No perk
(P) = Actual expense
(PO/PP) =
• Not exceeding
1600CC
= AE – [1,800]
• Exceeding1600CC
= AE – [2,400]
MOTOR CAR
Employee Employer Employee Employer
PROVIDENT FUND
PF Employers
Contribution
Employees
contribution
Interest Lump sum
Statutory
PF
Exempt 80C Exempt E (Sec
10(11)
Recognized
PF
Excess of
12% is
taxable
80C Excess of
9.5% is
taxable
E
URPF - - - Divided into
4 parts
Public PF - 80C Exempt Exempt
GRATUITY
Sr Particulars Exemption
1 Gratuity Received by Govt & Local
Authority employees.
Fully Exempt U/s 10(10)(i)
2 Gratuity in case of employees covered
by Payment of Gratuity Act,1972.
(Here, Salary means,
= Basic + DA entire )
Lower of following,
a. Actual Gratuity
b. ₹ 10,00,000/-
c. Salary last drawn x [15/26] x
completed years of service or part
thereof in excess of 6 months.
3 Gratuity in respect of other employees.
(Here, Salary means,
= Basic + DA If + Commission If)
Lower of following,
a. Actual Gratuity
b. ₹ 10,00,000/-
c. ½ x Average salary x Completed
years of service
POINTS ON GRATUITY
1. Average salary refers to average of salary of last 10 months preceding the month of
retirement.
E.g.: If an employee retires on 30th November last 10 months would mean January to
October i.e., excluding November being the month of retirement.
2. Gratuity received while in service is fully taxable, If Gratuity is given on death of employee
& received by legal heir, it is not income. Hence, not taxable.
3. If gratuity is received from 2 or more employers either in the same year or in different years
the aggregate amount of gratuity exempt from tax cannot exceed the above limits prescribed
i.e., if employee received gratuity in any earlier year from his former employer and also
receives gratuity from another employer in a later year then the limit of Rs 10,00,000 will be
reduced by the amount of gratuity exempt from tax in any earlier year.
QUESTION
• Mr. Fuse Working In Confuse Ltd. , Not Covered By Payment Of Gratuity Act, Retires
On 1st March 2015 After Serving The Employer Company For A Period Of 18 Years
And 10 Months. He Was Drawing A Salary Of Rs.5,000 P.M Upto September 2014
And Thereafter Rs.6,000 P.M. On Retirement He is Not in Receipt Of Pension But
Gratuity Of Rs.60,000 is Paid. Compute Taxable Gratuity.
ANSWER
Particulars Amt.
Actual Gratuity(5000*12)
Lower of following is Exempt :
a. Actual Gratuity
b. Celing Limit
c. ½ x 55,000 x 18
60,000
60,000
10,00,000
49,500
Taxable Gratuity 14,400
Calculation of Gratuity
Average Salary= Oct - Feb = 6000*5= 30,000
May- Sep = 5000*5 = 25,000
55,000
PENSION
1. Uncommuted Pension (UCP) refers to Pension periodically received by the
Employee after his retirement and it is taxable as salary u/s 15 in the hands of
both Government and Non-Government employees.
2. Pension from UNO is not taxable
3. Commuted Pension (CP) means lump sum payment in lieu of periodical
payments wherein either the whole/part of the pension is commuted.
PENSION
Sr Particulars Exemption
1 Commuted Pension received by
Govt employees
Fully Exempt
2 Commuted Pension received by
Non-Govt employees :
 If Such employees receives
Gratuity
 If Such employees does not
receives Gratuity
 1/3rd of Commuted Value of Pension is
exempt.
½ of Commuted Value of Pension is exempt.
3 Uncommuted Pension received by
ALL employees
Fully taxable as Salary.
QUESTION
• Mrs. Katrina kaif Employed In a Pvt. Co. Retires On 30.6.2014. She is Paid A
Pension Of Rs.6,000 P.M Upto January 2015. On 1st February, 2015 He
Commutes 75% Of His Pension And Receives Rs.1,20,000.
Calculate Taxable Pension.
ANSWER
Particulars Amt. Amt.
a)UCP Before Commutation
( Jul 14 –Jan 15)
b)UCP after Commutation
( Feb 15 –Mar 15)
c) Commuted pension received
(-) Exempt U/s 10(10A)
½ of 100% of Commuted Pension
[½ * { 1,20,000*100/75}]
(6000*7)
6000
4500(75% of 6000)
1500
i.e, 1500*2
1,20,000
80,000
42,000
3,000
40,000
Taxable Pension 85,000
Calculation of Taxable Pension
LEAVE SALARY/ENCASHMENT OF EARNED
LEAVE U/S10 (10 AA)
1. Leave Encashment while in service – Fully Taxable, though the assessee
can claim relief u/s 89. Similarly, relief u/s 89 can be claimed on the
Taxable portion of Leave Salary in excess of the exemption.
2. Leave Encashment at the time of retirement or leaving the job is exempt
u/s 10(10AA) as under:
1) Government Employees - State Government/CG – received at the
time of retirement or leaving the job: Fully exempt.
2) Other Employees (Including local authority or PSU):
COMPUTATION OF LEAVE
SALARY(CONT…)
Particulars Rs.
Leave Salary Received
Less: Least of the following exempt u/s 10(10AA)
• Actual leave salary received
• Ceiling Limit
• Average Salary x 10
• Average Salary x leave to his credit (based on not more
than 30 days leave for each completed year of service)
XXX
XXX
3,00,000
XXX
XXX
Taxable Leave Salary XXX
LEAVE SALARY (CONT…)
1. Salary = Basic + DA *+ Commission*
2. Average salary refers to average of last 10 months upto retirement. Therefore if an
employee retires on 15th November, last 10 months will be from 16th January to 15th
November.
3. If received from 2 or more employers either in the same year or different years the limit
shall not exceed the ceiling limit in the aggregate. (ceiling limit of Rs. 3,00,000 will be
reduced by the amount of exemption of any earlier year)
4. Leave to his credit = Leave entitlement – leave taken
Mr. East, An Employee Of West Ltd Receives Rs.80,000 as Leave Salary At The Time Of
His Retirement On Feb 28, 2015.
a) Average Salary Drawn During Last 10 Months Is Rs.3,000.
b) Last Drawn Salary Is Rs.3,200. Duration Of Service Is 24 Years And 7 Months,
Leave Taken While In Service Is 9 Months.
c) Leave Entitlement As Per Employer’s Rules Is 1-½ Months For Each Completed
Year Of Service.
Calculate Taxable Leave Salary
ANSWER
Working Note on Leave Salary
Particulars Rs.
Leave entitlement as per employer’s rules =1.5*24m
Leave entitlement as per Income Tax = 1*24
Leave entitlement shall be at least of the above
Leave Taken
Leave to his credit(Leave entitlement - Leave Taken)
36m
24m
24m
9m
15m
ANSWER CONT…
Computation on Leave Salary
Particulars Rs.
Leave Salary Received
Less: Least of the following exempt u/s 10(10AA)
• Actual leave salary received
• Ceiling Limit
• 3000 x 10
• Average Salary x leave to his credit (3000*15)
80,000
80,000
3,00,000
30,000
45,000
Taxable Leave Salary 50,000
RETRENCHMENT COMPENSATION
U/S 10 (10 B)
Particulars Rs.
Actual Amount Received
Less: Least of the following exempt u/s 10(10B)
• Actual amount received
• Ceiling Limit
• Amount calculated under Industrial Disputes Act 1947 [Sec.
25F(b)] 15/26 x Average salary of last 3 months { S = Basics +
DA} x No. of years of service (Round off if more than 6m)
XXX
XXX
5,00,000
XXX
Total RETRENCHMENT COMPENSATION XXX
VOLUNTARY RETIREMENT SCHEME U/S
10(10C)
Particulars Rs.
Actual Amount Received
Less: Least of the following exempt u/s 10(10C)
• Actual amount received
• Ceiling Limit
• Higher of the Following :
• 3 x Salary last drawn x Completed years of service
( S = Basics + DA If + Commission If)
• Salary last drawn x Remaining months of services
XXX
XXX
5,00,000
XXX
Taxable Amount XXX
SEC 80C
( CHAPTETR VI A DEDUCTION)
Eligible assessee: Individual and HUF.
Deductible amount: The maximum deductible amount is Rs. 1,50,000/-
Conditions or Qualifying Payments:
1. Life insurance premium
2. Contribution to Recognized provident fund, approved superannuation fund & PPF.
3. Deposits in post office savings bank (Cumulative Time Deposits).
4. Contribution for participation in any ULIP of UTI, LIC Mutual fund
5. Subscription to NSC (Including accrued interest).
6. Housing loan repayment
7. Tuition fees to any University, College, school or other educational institution situated in India for
full-time education for a maximum of two children (does not include donation, development fee
etc).
Particulars Conditions
Sec 80D Deductions in respect of
Medical Insurance Premium , CGHS &
Preventive Health checkup
Eligible assessee: Individual and HUF.
Deductible amount: The maximum
deductible amount is Rs. 25,000 /-/30,000.
1. Medical insurance premium (popularly called
mediclaim) subject to overall limits.
2. Contribution to CGHS
3. Any payment for Preventive Health checkup
not exceeding internal limit of Rs.5,000
Sec 80DD - Medical Treatment of
Handicap Dependant including
Maintenance
Eligible assessee: Individual and HUF.
Deductible amount: Flat deduction of Rs
75,000/-. Further, in case of a dependant with
severe disability (80% disability or more), the flat
deduction shall be Rs. 1,25,000/- .
Cont…
Particulars Conditions
Sec 80DDB: - Medical treatment of
Specified Diseases
Eligible assessee: Individual and HUF
Deductible amount: Deduction shall be maximum upto
Rs 40,000 and Rs 60,000/- for senior citizen (60 years or
more).
Medical treatment of himself or dependent relative or
member of HUF certified by prescribed authority
towards specified diseases like Cancer, AIDS
Sec 80E Interest on loan taken for
higher education
Eligible assessee: Individual
Deductible amount: Entire amount of
Interest
1. Loan taken from any financial institution or approved
charitable institution for pursuing higher education of
the assessee or his relative
2. Deduction is allowable for the maximum of 8 years
commencing from first year of payment of interest.
Cont…
Mr. Rakku bhai, A Government Employee Retired On 31.3.2015 After Serving For 20 Yrs And 5 Months. He
Received The Following Salaries, Allowances And Perquisites For The FY 2014-2015. Compute His Taxable Salary
For The FY 2014-2015.
a) Basic Salary Rs.16,250 Per Month
b) Bonus Rs.12,000 Pa
c) Gratuity Rs.2,12,000
d) Leave Salary Rs.1,50,000
e) Dearness Allowance Rs.1,000 Per Month (Enters)
f) Rent Free Accommodation (License Fees For Unfurnished Accommodation Rs.12,000 Per Annum)
g) Value Of Furniture Rs.20,000
h) Children Education Allowance For Two Children Of Assessee Rs.175 Per Month Each
i) Entertainment Allowance Rs.650 Pm (Rs.400 Per Month Was Spent)
Answer
Particulars Amt. Amt.
a)Basic Salary
b)Bonus
c)Dearness allowance
d)RFA= License fee decided by the Govt
(+) 10% of Furniture
e)CEA
(-)Exempt U/s 10(14)
f)Entertainment Allowance
12,000
2,000
4,200
2,400
(2*12*100)
1,95,000
12,000
12,000
14,000
1,800
7,800
Gross Salary 2,42,600
(-) Entertainment Allowance Sec 16(ii) (Note -1) 5,000
Taxable Salary 2,37,600
Calculation of Taxable Salary
Answer (Cont…)
Particulars Rs.
Least of the following is deductible u/s 16(ii)
• Actual Entertainment Allowance
• Ceiling Limit
• 1/5 * 1,95,000:
7800
5000
39000
Deductible Amount 5,000
Note :1 Sec 16(ii) Allowance

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Income From Salary. Taxation on salary received from employer

  • 1. INCOME FROM SALARY CHARGING SECTION ( SEC 15)
  • 2. CHARGING SECTION/BASIS OF CHARGE (SECTION 15) 1) There must be employer employee relationship. 2) Salary is taxable either on due or receipt basis whichever is earlier (therefore advance salary is also taxable) 3) Arrears of salary not taxed earlier are also taxable in the year of receipt (increment with retrospective effect)
  • 3. COMPUTATION OF INCOME FROM SALARY Particulars Amount (₹) Amount ( ₹) Basic Salary .......... Allowances .......... Perquisites .......... Provident Fund .......... Retirement Benefits Profit in lieu of Salary Advance Salary or Arrears of Salary Gross Salary .......... Less : Deduction u/s 16 a. Entertainment Allowance [ u/s 16(ii) ] ........ b. Professional Tax [ u/s 16 (iii) ] ......... ........ INCOME FROM SALARY ..........
  • 5. FULLY TAXABLE ALLOWANCES Dearness Allowance / Dearness Pay / Additional Dearness Allowance Medical Allowance. Breakfast Allowance, Servant Allowance, Deputation Allowance. City Compensatory Allowance (CCA). Entertainment Allowance (No exemption, only deduction) All Allowances are taxable unless fully or partly exempt
  • 6. PARTLY EXEMPT ALLOWANCES (HOUSE RENT ALLOWANCE [ SEC 10 (13A)]) Particulars Rs. Actual HRA Received. Less: Lower of following is Exempt U/s 10(13A) : a) Actual HRA Received. b) Rent paid in excess of 10% of Salary c) 40% of Salary (50% if house situated at Delhi ,Mumbai, Kolkata & Chennai ) XXX XXX XXX XXX Value of Furnished Accomodation XXX Note:- Salary = Basic + DA, if terms of employment so provide + Commission, if based on fixed % of turnover.)
  • 7. QUESTION • Mr. M.F. Hussian Staying At Madras, Working In Big Ltd., Receives Monthly Rs.12,500 As Basic Salary; Rs.3,000 As DA Of Which 50% Is Provided in Terms Of Employment And 4% As Commission On Turnover Achieved By Him. • He Is Paid An HRA Of Rs. 1,800 Per Month. The Turnover Achieved By Him For The Year is Rs. 15 Lakhs. House Rent Paid By Him Is Rs. 2,500 P.M. He Received Advance Salary Of Rs.50,000 In March 2015 Relating To The Period April To July 2015. • Determine The Taxable HRA. Also Determine Taxable Salary.
  • 8. ANSWER Particulars Amt. Actual HRA (1800*12) Lower of following is Exempt : a. Actual HRA Received. (1800*12) b. Rent paid in excess of 10% of Salary [30,000 – 22, 800] c. 50% of Salary (Note -1) 21,600 21,600 7,200 1,14,000 Taxable HRA 14,400 Calculation of HRA Particulars Amt. Basic Salary ( 12,500*12) DA If [3000*50% *12] Commission If( 15lakhs *4%) 1,50,000 18,000 60,000 Salary for the Payment of HRA 2,28,000 10% of Salary (2,28,000*10%) 22,800 50% of Salary (2,28,000*50%) 1,14,000 Note -1 Computation of Taxable Salary for the Purpose of HRA
  • 9. ANSWER (CONT.…) Particulars Amt. Basic Salary ( 12,500*12) Allowances [(3000*12) +14,400] Commission( 15lakhs *4%) Advance Salary 1,50,000 50,400 60,000 50,000 Taxable Salary 3,10,400 Computation of Taxable Salary
  • 10. PARTLY EXEMPT ALLOWANCES(CONT…) SR Allowances Exemption Limit 1 Children Education Allowance Rs.100/- pm per child. Max 2 Children. 2 Children Hostel Exp Allowance Rs.300/- pm per child. Max 2 Children. 3 Tribal Area Allowance Rs.200/- pm 4 Transport Allowance (between residence & office) Rs.1600/- pm ; Rs.3200 pm for blind/handicapped. 5 Running Allowance / Allowance to employees working in Transport systems Least of 70% of Allowance or Rs.10000/- pm 6 Underground Allowance Rs.800 pm 7 Compensatory Field Area Allowance Max Rs.2600 pm 8 Compensatory modified Hill Area Allowance Max Rs.1000 pm
  • 11. FULLY EXEMPT ALLOWANCES 1) Foreign allowance: Section 10 (7) – Any allowance paid outside India by the Government to an Indian citizen for rendering service outside India is fully exempt e.g.: Overseas allowance, EA, children education allowance, car allowance etc. 2) Allowance to High Court and Supreme Court Judges – High Court Judges (Conditions of Service) Act, 1954; similarly Supreme Court Judges (Conditions of Service) Act, 1958 3) Allowance from UNO – u/s 2 of United Nations (Privileges & Immunities) Act, 1974. (Note: - Salary received from UNO not taxable in India.) 4) Special allowance exclusively incurred in the performance of official duties is fully exempt U/s 10(14) to the extent of actual amount spent like travel allowance, conveyance, helper, research, uniform allowance.
  • 12. QUESTION • Mr. Rajiv Gandhi Is Working As Pilot In Indian Airlines And Apart From Basic Salary He Is Paid The Following Allowance: a) Entertainment Allowance Rs.1, 200 P.M. b) Uniform Allowance Rs.800 P.M. (Actually Spent On Uniform Rs.500 P.M.) c) Conveyance Allowance Rs.2, 000 P.M. Of Which 40% Was Spent On Personal Purposes. d) Special Allowance To Meet Personal Expenses While On Duty Rs.10,000 P.M. e) Children Education And Hostel Allowance Rs.900 P.M. He Has 2 Children Studying In School And Staying In Hostel Determine The Taxable Amount Of The Above Allowances.
  • 13. ANSWER Particulars Amt. Amt. a)Entertainment Allowance b)Uniform allowance (-)Exempt U/s 10(14) c) Conveyance allowance (-)Exempt U/s 10(14) d) Special allowance (-)Exempt U/s 10(14) e) Children Education and hostel allowance (-)Exempt U/s 10(14) (1200*12) 9,600 (800*12) 6,000 (500*12) 24,000(2000*12) 14,400(24,000*60%) 1,20,000(10,000*12) 84,000(1.2lacs *70%) 10,800(900*12) 9,600(400*12*2) 14,400 3,600 9,600 36,000 1,200 Taxable allowances 64,800 Calculation of Taxable allowances
  • 14. PERQUISITES • Perquisites are the non-cash benefits, which an employee receives from his employer during the course of employment. • Most often referred to as “perks” or “perqs”. • They are any casual emolument or benefit attached to an office or position in addition to salary or wages. Taxation of perquisites:  If for personal purpose – Taxable  If for official purpose – Not taxable • They are either provided at free of cost or at concessional rates
  • 15. PERQUISITES TAXABLE IN ALL CASES 1. Rent Free Accommodation (RFA) - Sec 17(2)(i). 2. Value of accommodation provided at concessional rent- Sec 17(2)(ii). 3. Obligation of employee met by the employer- Sec 17(2)(iv). 4. Any sum payable by the employer to effect insurance on the life of employee- Sec 17(2)(v). 5. ESOP or SES free of cost or at concessional rate transferred to the asseessee directly or indirectly- Sec 17(2)(vi) 6. Amount of any contribution to approved super annuation fund by the employer to the extent it exceeds Rs 1 Lakh - Sec 17(2)(vii)
  • 16. PERQUISITES TAXABLE IN ALL CASES (CONT…) 7. Value of prescribed fringe benefits or amenities like- [Sec 17(2)(viii)]: i. Interest free or concessional loans [Rule 3(7)(i)] ii. Travelling, touring, accommodation (ie, holiday homes) [Rule 3(7)(ii)] iii. Free food [Rule 3(7)(iii)] iv. Gifts [Rule 3(7)(iv)] v. Credit card facilities [Rule 3(7)(v)] vi. Club facilities [Rule 3(7)(vi)] vii. Use of movable assets [Rule 3(7)(vii)] – (possession) viii.Transfer of movable assets [Rule 3(7)(viii)] – (possession and ownership)
  • 17. PERQUISITES NOT TAXABLE [BASED ON LIMITS OR CONDITIONS] 1. Medical Benefits [proviso to Sec 17(2)]:- 2. Employer’s hospital: Medical facility provided in a hospital, clinic etc. maintained by employer is not taxable. 3. Government Hospital: Reimbursement or direct payment of expenses incurred in any hospital maintained by government, local authority or approved hospitals (approved by Govt/CCIT/CIT) is not taxable. 4. Prescribed disease: Reimbursement or Direct payments made by employer to hospitals approved by Chief Commissioner towards treatment of prescribed diseases (given in Rule 3A like cancer, TB, AIDS, disease of the heart, blood, liver etc. requiring surgical operation) is not taxable.
  • 18. PERQUISITES NOT TAXABLE( CONT…) 5. Group insurance: Group medical insurance or medical insurance premium is not taxable. 6. Limit of Rs 15,000: In any other case not covered above, direct payment or Reimbursement of medical expense is not taxable upto Rs. 15,000 p.a. (Eg: medical bills, treatment in private nursing homes or hospitals) 7. International / Foreign: Medical treatment outside India including cost of stay outside India to the extent permitted by RBI is not taxable. 8. Expenses on travel abroad with one attendant is also not taxable if the Gross Total Income does not exceed Rs. 2,50,000 (without considering this travel expenses.)
  • 19. PERQUISITES NOT TAXABLE( CONT…) 9. Refreshments to all employees during working hours in office premises is not taxable. 10. Recreational facilities is not taxable. 11. Training of employees or fees paid for refresher management course is not taxable. 12. Premium on personal accident policy is not taxable. 13. Foreign perks allowed outside India by the Govt. to a citizen of India for rendering services outside India. Sec. 10(7) is not taxable.
  • 20. PERQUISITES NOT TAXABLE [BASED ON LIMITS OR CONDITIONS] RFA to High Court & Supreme Court Judges, officials of parliament, Union minister or leaders of opposition in Parliament. Conveyance facility provided by employer Telephone bills and Mobile Bills Goods (manufactured by Employer) sold to employee Traveling facility to employees of railways or airlines
  • 21. PERQUISITES TAXABLE IN THE HANDS OF SPECIFIED EMPLOYEES 1. Status: Director employee - full time or part time-director for whole or part of a year. 2. Shareholding: Employee having substantial interest in the company i.e., not less than 20% voting powers in the company. 3. Income: Employee whose Income under the head salaries exceeds Rs. 50,000 for the year excluding value of Non-monetary benefits, Employers contribution to P.F. and after allowing deductions u/s 16.
  • 22. QUESTION • From The Following Information Find Out Gross Salary Of Mr. FTP Who Is Employee In ITC For The Current Assessment Year: a) Basic Salary Rs. 3,95,000 b) Medical Expenditure Directly Paid By The Employer To Private Practitioner Rs. 25,000 c) Medical Expenditure Directly Paid By The Employer To Hospital Approved By CCIT Rs. 50,000 d) Reimbursement Of Medical Expenses Incurred By The Employee In A Hospital Approved By Ccit Rs. 10,000 e) Expenditure On Traveling Abroad (Including Attendant) Borne By Employer Rs.1,00,000 f) Expenditure Incurred On Treatment Abroad Borne By Employer Rs. 1,50,000 (Out Of This Amount RBI Granted Permission For Rs. 1,00,000)
  • 23. ANSWER Particulars Amt. Amt. a)Basic Salary b) Medical expenditure (-)Not taxable (Proviso Sec 17(2)) c) Medical exp. App by CCIT Is not taxable d) Reimbursement of medical expenses e) Expenditure on traveling abroad is not Exempt as GTI >2lacs e) Exp. incurred on treatment abroad (-)Permitted by RBI 25,000 15,000 1,50,000 1,00,000 3,95,000 10,000 - - 1,00,000 50,000 Gross Salary 5,55,000 Calculation of Gross Salary
  • 24. VALUATION OF PERQUISITES (RFA) Category A – Government Employees (Central / State Government but excludes employees of Local Authority or Foreign Government) RFA= License fee as per government rules Category B Other Employees if accommodation is owned by employer in a place where the population:- • exceeds 25 Lakhs : ……………..………………....RFA = 15% of Salary • exceeds 10 Lakhs but not exceeding 25 Lakhs: …..RFA = 10% of Salary • Any other place :…………………………………..RFA = 7.5% of Salary Category C Lease or rent - If accommodation is taken on lease or rent by employer RFA = Rent Payable or 15% of Salary whichever is less irrespective of population
  • 25. RFA( CONT…) Category D - Dual Accommodation on transfer - In case of transfer of employee from one place to another, if accommodation provided at new place of posting while retaining the original place, the taxability as under: (a) Lower of values of perquisites of RFA upto a period not exceeding 90 days (b) After 90 days, both are chargeable as perquisite. Category E – Exemption for Mining site - An employee working at a mining site or an onshore /offshore site or project execution or dam or power generation site is not taxable (being of a temporary nature and having plinth area not exceeding 800 square feet, is located not less than eight kilometers away from the local limits of any municipality or a cantonment board or in remote area) (Remote area refers to an area 40 kms away from any town having population not exceeding 20,000).
  • 26. RFA( CONT…) Category G - Hotel Accommodation (including service apartments, guest house or motel) – • Applicable to both Government and other employees • Perquisites = 24% of salary or Actual charges payable to hotel whichever is less. • This perquisite is not taxable if the accommodation period does not exceed in aggregate 15 days on his transfer from one place to another. [Eg: If provided for 16 days, entire 16 days is taxable] NOTE: Salary for RFA = Basic + DA if + ABC any monetary payments like leave encashment, pension, fees, annuity etc., but excludes PF contribution and Perquisites.
  • 27. VALUATION OF FURNISHED ACCOMODATION Particulars Rs. Value of Unfurnished Accomodation as above Add: Value of Furniture • If Owned by Employer, then 10% per annum of Original cost of such Furniture • If hired from Third Party, then Actual Hire Charges Less: Any Charges paid or payable by the Employee XXX XXX XXX (XXX) Value of Furnished Accomodation XXX
  • 28. QUESTION Mr. Z, An Employee Of ABC Ltd. Gets a) Rs.60,000 As Basic b) Rs. 6,000 As Commission c) 4,000 As Bonus d) Rs.6000 As Uniform Allowance (60% Spent For Uniform) e) Rs.12,000 As Conveyance Allowance (75% Utilised For Official Purpose) And EA Rs.9,000. A Rfa Is Provided At A Place Where Population Is (A) > 25 L (B) < 4 L . Determine The Value Of Rfa.
  • 29. ANSWER Particulars Amt. a)Basic Salary b) Commission c) Bonus d) Uniform Allowance e) Conveyance Allowance e) EA 60,000 6,000 4,000 2400(6000-3600) 3000(12000-9000) 9000 Salary for the Purpose of RFA 84,400 a) Population >25 lacs 15% of Salary i.e, Rs. 12,660 b) Population < 4 lacs 7.5% of Salary i.e, Rs. 6,330 Calculation of Salary for the Purpose of RFA
  • 30. DOCUMENTS REQUIRED FOR CLAIMING THE ALLOWANCES AND EXEMPTIONS Furnishing of evidence of claims by employee for deduction of tax under section 192 in form 12BB : Sl No. Nature of Claims Evidence or Particulars 1 House Rent Allowance Name, Address, Rent paid receipts, PAN of the Landlord, where the aggregate rent paid during the previous year exceeds Rs. One Lakh. 2 Leave Travel Concession Evidence of Expenditure( eg. Flight/ Train Tickets) 3 Medical Reimbursements Medical Bills 4 Reimbursement of Expenses towards Telephone, Car Maintenance etc. Telephone Bills, Fuel Bills, Repair Bills etc. 3 Deduction under Chapter VI- A Evidence of Investment or Expenditure
  • 31. VALUATION OF PERQUISITES 1. RFA 2. Value of Accommodation provided at concessional Rent 3. Obligation of Employee met by employer 4. Employee Stock Option Plan (ESOP) / Sweat Equity Shares (SES) 5. PRESCRIBED FRINGE BENEFITS OR AMENITIES i. Interest free Loans / Concessional Interest ii. Traveling, Touring, Accommodation iii. Free meals iv. Gifts/ Vouchers/ Tokens v. Credit Cards vi. Club Facilities vii. Use of Movable Assets & Transfer of movable assets
  • 32. Nature of Perquiisite Taxable Value of Perquisite Interest Free Loans/ Concessional Interest SBI Rate = SBI Rate Prevailing on the 1st Day of the PY 1. provided to Employee or member of household P =ROI p.a. as given by SBI as on 1st April of every financial year 2. Value less Interest recovered from Employee In case of Concesssional Exception • Loan given for treatment in respect of specified diseases like cancer, TB, AIDS etc.. • loans not exceeding in the aggregate Rs. 20,000 Free meals during Office hours in remote area or off-shore installation area is not taxable • Actual cost to the Employer( up to Rs. 50 per meal/Tea/Snacks is Not Taxable) (-) Amt. recovered from the Employee. • Tea or Non- Alcoholic Beverages/ Snacks during working hours are not taxable PRESCRIBED FRINGE BENEFITS OR AMENITIES
  • 33. CONT… Nature of Perquiisite Taxable Value of Perquisite Value of any Gift or Voucher taken other than Gifts made in cash or convertible into money (Eg. Gift Cheques) or Ceremonies • Value of the Gift(Gift in cash Fully taxable) • In case of aggregate value of gift during the PY is less than Rs. 5000 then it is not a taxable perquisite. Expenditure incurred on Credit card or adds on a card including membership fees and annual fee. • Actual Expenditure to Employer less amt. recovered from employee • If it is incurred for official purposes and supported the necessary docs then it is not taxable Exp. Incurred on Club other than health club or sports club or similar facilities provided uniformly to all Employees • Actual Expenditure less amt. recovered • If it is incurred for official purposes and supported the necessary docs then it is not taxable Use of any movable assets other than computer or laptop or other assets already mentioned 10% p.a of actual cost or/ and actual rent/Hire charges payable by employer, as the case may be (less) amount Recovered Exception: - Laptops
  • 34. TRANSFER OF MOVABLE ASSETS a) Employee or member of household. b) In case of computers and electronic items Perquisite = Actual cost (less) 50% depreciation under WDV method a) In case of Motor cars Perquisite = Actual Cost (less) 20% depreciation under WDV method a) In case of Other Assets ( including household appliances): Perquisite = Actual Cost (less) 10% depreciation under SLM method a) For above values of perquisite reduce amount recovered. b) Depreciation is calculated for each completed year.
  • 35. PERKS ARE TAXABLE IN THE HANDS OF SPECIFIED EMPLOYEES Nature of Perquisite Taxable Value of Perquisite Domestic Servants, Sweepers, Watchman and Gardner • Actual Expenditure to Employer less amt. recovered from employee Gas, Electricity, Water supply • Procured from outside agency : Amt. Paid to outside Agency • Perquisite = Manufacturing cost per unit i.e., Actual Expenses(less) amount recovered Education Facility to members of his household a) If Educational Institution is owned by Employer or the school sponsored by the Employer b) Other Schools • If the cost od Education per child does not exceed Rs. 1,000 p.m not taxable. Otherwise Taxable • Cost of such education in similar institution (-) Amt. recovered • Cost of Education from Employee (-) Amt. recovered from Employee
  • 36. MOTOR CAR Employee Employer Expenses met by Expenses met by USED FOR • Official(O) • Personal (P) • Partly Official / Partly Personal (PO/PP) NOT A PERK FOR ALL THE 3 CASES USED FOR (O) = No perk (P) = AE + 10% of Original Cost / hire charges + driver’s salary (PO/PP) = Not exceeding 1600CC = [1.800] Exceeding 1600CC = [2,400] USED FOR (O) = No perk (P) = 10% of Original Cost / hire charges + driver’s salary (PO/PP) = Not exceeding 1600CC = [600] Exceeding 1600CC = [900] USED FOR (O) = No perk (P) = Actual expense (PO/PP) = • Not exceeding 1600CC = AE – [1,800] • Exceeding1600CC = AE – [2,400] MOTOR CAR Employee Employer Employee Employer
  • 37. PROVIDENT FUND PF Employers Contribution Employees contribution Interest Lump sum Statutory PF Exempt 80C Exempt E (Sec 10(11) Recognized PF Excess of 12% is taxable 80C Excess of 9.5% is taxable E URPF - - - Divided into 4 parts Public PF - 80C Exempt Exempt
  • 38. GRATUITY Sr Particulars Exemption 1 Gratuity Received by Govt & Local Authority employees. Fully Exempt U/s 10(10)(i) 2 Gratuity in case of employees covered by Payment of Gratuity Act,1972. (Here, Salary means, = Basic + DA entire ) Lower of following, a. Actual Gratuity b. ₹ 10,00,000/- c. Salary last drawn x [15/26] x completed years of service or part thereof in excess of 6 months. 3 Gratuity in respect of other employees. (Here, Salary means, = Basic + DA If + Commission If) Lower of following, a. Actual Gratuity b. ₹ 10,00,000/- c. ½ x Average salary x Completed years of service
  • 39. POINTS ON GRATUITY 1. Average salary refers to average of salary of last 10 months preceding the month of retirement. E.g.: If an employee retires on 30th November last 10 months would mean January to October i.e., excluding November being the month of retirement. 2. Gratuity received while in service is fully taxable, If Gratuity is given on death of employee & received by legal heir, it is not income. Hence, not taxable. 3. If gratuity is received from 2 or more employers either in the same year or in different years the aggregate amount of gratuity exempt from tax cannot exceed the above limits prescribed i.e., if employee received gratuity in any earlier year from his former employer and also receives gratuity from another employer in a later year then the limit of Rs 10,00,000 will be reduced by the amount of gratuity exempt from tax in any earlier year.
  • 40. QUESTION • Mr. Fuse Working In Confuse Ltd. , Not Covered By Payment Of Gratuity Act, Retires On 1st March 2015 After Serving The Employer Company For A Period Of 18 Years And 10 Months. He Was Drawing A Salary Of Rs.5,000 P.M Upto September 2014 And Thereafter Rs.6,000 P.M. On Retirement He is Not in Receipt Of Pension But Gratuity Of Rs.60,000 is Paid. Compute Taxable Gratuity.
  • 41. ANSWER Particulars Amt. Actual Gratuity(5000*12) Lower of following is Exempt : a. Actual Gratuity b. Celing Limit c. ½ x 55,000 x 18 60,000 60,000 10,00,000 49,500 Taxable Gratuity 14,400 Calculation of Gratuity Average Salary= Oct - Feb = 6000*5= 30,000 May- Sep = 5000*5 = 25,000 55,000
  • 42. PENSION 1. Uncommuted Pension (UCP) refers to Pension periodically received by the Employee after his retirement and it is taxable as salary u/s 15 in the hands of both Government and Non-Government employees. 2. Pension from UNO is not taxable 3. Commuted Pension (CP) means lump sum payment in lieu of periodical payments wherein either the whole/part of the pension is commuted.
  • 43. PENSION Sr Particulars Exemption 1 Commuted Pension received by Govt employees Fully Exempt 2 Commuted Pension received by Non-Govt employees :  If Such employees receives Gratuity  If Such employees does not receives Gratuity  1/3rd of Commuted Value of Pension is exempt. ½ of Commuted Value of Pension is exempt. 3 Uncommuted Pension received by ALL employees Fully taxable as Salary.
  • 44. QUESTION • Mrs. Katrina kaif Employed In a Pvt. Co. Retires On 30.6.2014. She is Paid A Pension Of Rs.6,000 P.M Upto January 2015. On 1st February, 2015 He Commutes 75% Of His Pension And Receives Rs.1,20,000. Calculate Taxable Pension.
  • 45. ANSWER Particulars Amt. Amt. a)UCP Before Commutation ( Jul 14 –Jan 15) b)UCP after Commutation ( Feb 15 –Mar 15) c) Commuted pension received (-) Exempt U/s 10(10A) ½ of 100% of Commuted Pension [½ * { 1,20,000*100/75}] (6000*7) 6000 4500(75% of 6000) 1500 i.e, 1500*2 1,20,000 80,000 42,000 3,000 40,000 Taxable Pension 85,000 Calculation of Taxable Pension
  • 46. LEAVE SALARY/ENCASHMENT OF EARNED LEAVE U/S10 (10 AA) 1. Leave Encashment while in service – Fully Taxable, though the assessee can claim relief u/s 89. Similarly, relief u/s 89 can be claimed on the Taxable portion of Leave Salary in excess of the exemption. 2. Leave Encashment at the time of retirement or leaving the job is exempt u/s 10(10AA) as under: 1) Government Employees - State Government/CG – received at the time of retirement or leaving the job: Fully exempt. 2) Other Employees (Including local authority or PSU):
  • 47. COMPUTATION OF LEAVE SALARY(CONT…) Particulars Rs. Leave Salary Received Less: Least of the following exempt u/s 10(10AA) • Actual leave salary received • Ceiling Limit • Average Salary x 10 • Average Salary x leave to his credit (based on not more than 30 days leave for each completed year of service) XXX XXX 3,00,000 XXX XXX Taxable Leave Salary XXX
  • 48. LEAVE SALARY (CONT…) 1. Salary = Basic + DA *+ Commission* 2. Average salary refers to average of last 10 months upto retirement. Therefore if an employee retires on 15th November, last 10 months will be from 16th January to 15th November. 3. If received from 2 or more employers either in the same year or different years the limit shall not exceed the ceiling limit in the aggregate. (ceiling limit of Rs. 3,00,000 will be reduced by the amount of exemption of any earlier year) 4. Leave to his credit = Leave entitlement – leave taken
  • 49. Mr. East, An Employee Of West Ltd Receives Rs.80,000 as Leave Salary At The Time Of His Retirement On Feb 28, 2015. a) Average Salary Drawn During Last 10 Months Is Rs.3,000. b) Last Drawn Salary Is Rs.3,200. Duration Of Service Is 24 Years And 7 Months, Leave Taken While In Service Is 9 Months. c) Leave Entitlement As Per Employer’s Rules Is 1-½ Months For Each Completed Year Of Service. Calculate Taxable Leave Salary
  • 50. ANSWER Working Note on Leave Salary Particulars Rs. Leave entitlement as per employer’s rules =1.5*24m Leave entitlement as per Income Tax = 1*24 Leave entitlement shall be at least of the above Leave Taken Leave to his credit(Leave entitlement - Leave Taken) 36m 24m 24m 9m 15m
  • 51. ANSWER CONT… Computation on Leave Salary Particulars Rs. Leave Salary Received Less: Least of the following exempt u/s 10(10AA) • Actual leave salary received • Ceiling Limit • 3000 x 10 • Average Salary x leave to his credit (3000*15) 80,000 80,000 3,00,000 30,000 45,000 Taxable Leave Salary 50,000
  • 52. RETRENCHMENT COMPENSATION U/S 10 (10 B) Particulars Rs. Actual Amount Received Less: Least of the following exempt u/s 10(10B) • Actual amount received • Ceiling Limit • Amount calculated under Industrial Disputes Act 1947 [Sec. 25F(b)] 15/26 x Average salary of last 3 months { S = Basics + DA} x No. of years of service (Round off if more than 6m) XXX XXX 5,00,000 XXX Total RETRENCHMENT COMPENSATION XXX
  • 53. VOLUNTARY RETIREMENT SCHEME U/S 10(10C) Particulars Rs. Actual Amount Received Less: Least of the following exempt u/s 10(10C) • Actual amount received • Ceiling Limit • Higher of the Following : • 3 x Salary last drawn x Completed years of service ( S = Basics + DA If + Commission If) • Salary last drawn x Remaining months of services XXX XXX 5,00,000 XXX Taxable Amount XXX
  • 54. SEC 80C ( CHAPTETR VI A DEDUCTION) Eligible assessee: Individual and HUF. Deductible amount: The maximum deductible amount is Rs. 1,50,000/- Conditions or Qualifying Payments: 1. Life insurance premium 2. Contribution to Recognized provident fund, approved superannuation fund & PPF. 3. Deposits in post office savings bank (Cumulative Time Deposits). 4. Contribution for participation in any ULIP of UTI, LIC Mutual fund 5. Subscription to NSC (Including accrued interest). 6. Housing loan repayment 7. Tuition fees to any University, College, school or other educational institution situated in India for full-time education for a maximum of two children (does not include donation, development fee etc).
  • 55. Particulars Conditions Sec 80D Deductions in respect of Medical Insurance Premium , CGHS & Preventive Health checkup Eligible assessee: Individual and HUF. Deductible amount: The maximum deductible amount is Rs. 25,000 /-/30,000. 1. Medical insurance premium (popularly called mediclaim) subject to overall limits. 2. Contribution to CGHS 3. Any payment for Preventive Health checkup not exceeding internal limit of Rs.5,000 Sec 80DD - Medical Treatment of Handicap Dependant including Maintenance Eligible assessee: Individual and HUF. Deductible amount: Flat deduction of Rs 75,000/-. Further, in case of a dependant with severe disability (80% disability or more), the flat deduction shall be Rs. 1,25,000/- . Cont…
  • 56. Particulars Conditions Sec 80DDB: - Medical treatment of Specified Diseases Eligible assessee: Individual and HUF Deductible amount: Deduction shall be maximum upto Rs 40,000 and Rs 60,000/- for senior citizen (60 years or more). Medical treatment of himself or dependent relative or member of HUF certified by prescribed authority towards specified diseases like Cancer, AIDS Sec 80E Interest on loan taken for higher education Eligible assessee: Individual Deductible amount: Entire amount of Interest 1. Loan taken from any financial institution or approved charitable institution for pursuing higher education of the assessee or his relative 2. Deduction is allowable for the maximum of 8 years commencing from first year of payment of interest. Cont…
  • 57. Mr. Rakku bhai, A Government Employee Retired On 31.3.2015 After Serving For 20 Yrs And 5 Months. He Received The Following Salaries, Allowances And Perquisites For The FY 2014-2015. Compute His Taxable Salary For The FY 2014-2015. a) Basic Salary Rs.16,250 Per Month b) Bonus Rs.12,000 Pa c) Gratuity Rs.2,12,000 d) Leave Salary Rs.1,50,000 e) Dearness Allowance Rs.1,000 Per Month (Enters) f) Rent Free Accommodation (License Fees For Unfurnished Accommodation Rs.12,000 Per Annum) g) Value Of Furniture Rs.20,000 h) Children Education Allowance For Two Children Of Assessee Rs.175 Per Month Each i) Entertainment Allowance Rs.650 Pm (Rs.400 Per Month Was Spent)
  • 58. Answer Particulars Amt. Amt. a)Basic Salary b)Bonus c)Dearness allowance d)RFA= License fee decided by the Govt (+) 10% of Furniture e)CEA (-)Exempt U/s 10(14) f)Entertainment Allowance 12,000 2,000 4,200 2,400 (2*12*100) 1,95,000 12,000 12,000 14,000 1,800 7,800 Gross Salary 2,42,600 (-) Entertainment Allowance Sec 16(ii) (Note -1) 5,000 Taxable Salary 2,37,600 Calculation of Taxable Salary
  • 59. Answer (Cont…) Particulars Rs. Least of the following is deductible u/s 16(ii) • Actual Entertainment Allowance • Ceiling Limit • 1/5 * 1,95,000: 7800 5000 39000 Deductible Amount 5,000 Note :1 Sec 16(ii) Allowance

Editor's Notes

  1. The term Allowance has been derived from the word ‘to allow’ . As per Oxford Dictionary the word ‘Allowance’ means “any amount or sum allowed regularly”. As such allowances are given in cash along with salary by the employer.
  2. Dearness –Inflation Deputation - Change of Duty CCA – compensate for the high cost of living in metropolises and large cities. Medical allowance is always fully taxable whereas medical benefit or facility is entitled to exemption under perquisites
  3. 1.Salary for the purpose of HRA shall be computed for the period during which rental accommodation is occupied by employee. Therefore any advance salary received shall not be considered for HRA calculation. HRA is fully exempt in case of High Court & Supreme Court judges. HRA is fully taxable for employees’ living in own house. HRA is fully taxable when employee is not paying any rent. Cousins house.
  4. If the bills are in the name of employee the taxable portion on point nos (v), (vi), (vii) will be taxable for all cases. However, if the bills are in the name of employer but facility provided to employee then the taxable portion on point nos (v), (vi), (vii) will be taxable only for specified employees.
  5. Conveyance facility provided by employer between residence and office is not taxable. It is not taxable even if the telephone is partly used for household requirements of employee. Goods (manufactured by Employer) sold by Employer to his Employees at a concessional rate. Tax paid by employer on value of perquisites on behalf of employee shall not be included in the income of the employee u/s 10(10CC). Apply average rate of tax based on tax payable on salary.
  6. ROI =Rate of Interest
  7. ROI =Rate of Interest
  8. ROI =Rate of Interest Training of Employees - Not a Perquisite. If education facility is given to children by way of children education allowance then it is partly taxable allowance u/s 10(14) School fees paid or reimbursed is taxable in all cases being obligation of employee met by employer. If Educational Institution is owned by Employer or Education facility provided by reason of employment (taxable only for a specified employee). Perquisite = Cost of such education in similar institution (less) Amount recovered Exception: i.e., Not taxable in above case if cost of education does not exceed Rs. 1,000 p.m. per child in respect of children of employee. Therefore, if education facility is provided to member of household the entire amount is taxable without the exemption limit of Rs. 1,000 p.m. Further, in case the cost exceeds Rs 1,000 p.m. per child, the entire amount is taxable as perquisite as held in ITO V/s. Director, Delhi Public School (2007) (Delhi-Tribunal).
  9. Used by employee or Member of household. Month = Completed Month (all the above stated amounts shall be per month) Where the employee uses a pool of cars then even if one is more than 1600CC in the pool of cars Perquisite shall be valued for the higher car. If the employee and member of household are provided with more than one car, then any one car at his option is treated as partly official, partly personal and the remaining cars is treated as fully personal. Use of motor car from office to residence and vice versa is not taxable. Conveyance facility to High Court and Supreme Court Judges is not taxable. Where the perquisite is valued on a predetermined amount (i.e., flat amount), no adjustments shall be done even for any amount recovered from employee, whereas in all other cases value the motor car perquisite as above (less) amount recovered. 1600CC car is the same as 1.6 lts. Cubic capacity of engine or 16HP. If car facility is provided along with driver add Rs 900 for the above mentioned values. Any other conveyance provided by employer:   Perquisite = Reasonable Amount However if owned by employee and expenses met by employer for partly official and partly personal purposes then: Perquisite = Expenses incurred by employer (less) Amount spent on official purposes OR   Perquisite = Expenses incurred by employer (less) Rs.900 p.m.
  10. Employers Contribution - under Salaries Interest on Employers Contribution thereon - under Salaries Employee Contribution – Not taxable Interest there on - Taxable as Income from Other Sources.
  11. Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years. An employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service and includes service which may be interrupted on account of sickness, accident, leave, absence from duty without leave, lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.
  12. A pension is a fund into which a sum of money is added during an employee's employment years, and from which payments are drawn to support the person's retirement from work in the form of periodic payments.
  13. Government Employee (CG, State Government, Local Authority and Statutory Corporation) - wholly exempt. Judges of High Court and Supreme Court – wholly exempt (Circular No.623 dated 6-1-92)
  14.  Encashment of leave by surrendering leave standing to one's credit is known as “leave salary” The accumulated leaves standing to the credit of an employee may be availed by the employee during his service time or, subject to service rules, such leaves may be encashed at the time of retirement or leavingthe job. As per Section 89 and other related provisions, Income Tax Relief will be available in the following situation. 1. Arrears received has to be split in to values related to previous years. 2. As a first step, Income Tax of previous years has to be calculated without including distributed arrears. Then Income tax has to be calculated for all these previous years by including the distributed arrears. 3. Difference in income tax on income with arrears and without arrears for each year has to be calculated. 4. All these differential values in income tax has to be added to find out total difference in income tax if Arrears is distributed to previous years . Let it be called as “A” 5. Then Income Tax for the current years without including the total arrears has to be calculated. Also Income tax for the current year after including total arrears has to be calculated. Now difference between these two Income Tax amount is to be taken as “B” 6. If B-A is a negative value or zero, then no income tax relief is available 7. If B-A is positive value then this amount can be deducted from the Income Tax payable for the current which is known as Income Tax Relief under Section 89 (1) of Income Tax Act.
  15. 30Days - Leaves which is permitted during a year
  16. DA* - DA If Commission * - Commission If
  17. Retrenchment is something akin to downsizing. When a company or government goes through retrenchment, it reduces outgoing money or expenditures or redirects focus in an attempt to become more financially solvent. Many companies that are being pressured by stockholders or have had flagging profit reports may resort to retrenchment to shore up their operations and make them more profitable. Although retrenchment is most often used in countries throughout the world to refer to layoffs, it can also label the more general tactic of cutting back and downsizing.
  18. Tata Motors has gone for the Voluntary Retirement scheme as its passenger Segment is not Performing well VRS must be an approved scheme and as per guidelines. Exemption is available u/s 10(10C) only once during the lifetime of the employee. The scheme should result in overall reduction in the total strength of employees. Employee must have completed 10 years of service or 40 years of age (not applicable to PSU). If an employee who is less then 40years of age (Presumption) and the company has been set up less than 10 years ago cannot satisfy the requirement of having completed 10 years of service, the amount receivable by him will not be entitled to income-tax exemption under the Section. Employer shall be a corporate, University approved by UGC/ any Act, CG, SG, local authority, an authority established under any Act, co-operative society, IIT, etc Where an assessee claims exemption u/s 10(10C) he shall not be entitled to tax relief / rebate u/s 89 for the same income). Similarly, if the assessee chooses to claim section 89 relief, exemption u/s 10(10C) shall not be allowed (Held in the case of
  19. Very Senior Citizen is 80,000