Income tax is levied on individuals who were in India for at least 182 days in the previous tax year or at least 60 days in the previous tax year and 365 days in the preceding 4 years. The definition of 'salary' for income tax purposes is broader than normal usage and includes both monetary payments like basic salary and bonuses as well as non-monetary benefits like housing and interest-free loans from an employer. For an income to be considered salary, an employer-employee relationship must exist between the payer and payee such that payments received directly from an employer would constitute salary while payments received directly from clients while working independently would constitute professional income.
Income tax is levied on individuals who were in India for at least 182 days in the previous tax year or at least 60 days in the previous tax year and 365 days in the preceding 4 years. The definition of 'salary' for income tax purposes is broader than normal usage and includes both monetary payments like basic salary and bonuses as well as non-monetary benefits like housing and interest-free loans from an employer. For an income to be considered salary, an employer-employee relationship must exist between the payer and payee such that payments received directly from an employer would constitute salary while payments received directly from clients while working independently would constitute professional income.
Income tax is levied on individuals who were in India for at least 182 days in the previous tax year or at least 60 days in the previous tax year and 365 days in the preceding 4 years. The definition of 'salary' for income tax purposes is broader than normal usage and includes both monetary payments like basic salary and bonuses as well as non-monetary benefits like housing and interest-free loans from an employer. For an income to be considered salary, an employer-employee relationship must exist between the payer and payee such that payments received directly from an employer would constitute salary while payments received directly from clients while working independently would constitute professional income.
India for 182 days during the previous tax year or the person who was in India for at least 60 days during the previous tax year and for at least 365 days during the preceding 4 years will be taxed. The meaning of the term ‘s alary’ for purpos es of income tax is much w ider than w hat is normally unders tood. Every payment made by an employer to his employee for s ervice rendered w ould be chargeabl e to tax as income from s alaries . The term ‘s alary’ for the purpos es of Income- tax A ct, 1961 w ill include both monetary payments (e.g. bas ic salary, bonus , commis s ion, allow ances etc.) as w ell as non-monetary faciliti es (e.g. hous ing, accommoda tion, medical facili ty, interes t free loans etc. Employer-employee relationship: Before an income can become chargeable under the head ‘salaries’, it is vital that there should exist between the payer and the payee, therelationship of an employer and an employee. Consider the following examples: a) Sujatha, an actress, is employed in Chopra Films, where she is paid a monthly remunerat ion of 2 lakh. S he acts in various films produced by various producers . The remuneration for acting in such films is directly paid to Chopra Films by the different producers . In this cas e, 2 lakh w ill cons titut e s alary in the hands of S ujatha, s ince there relations hip of employer and employee exis ts betw een Chopra F ilms and S ujatha. b) In the above example, if Sujatha acts in various films and gets fees from different producers , the s ame income w ill be chargeable as income from profes s ion s ince the relationship of employer and employee does not exist between Sujatha and the film producers .