Professional Documents
Culture Documents
Chapter 4 – Salaries
Proforma for computation of income under the head “Salaries”
Particulars Amt
(i) Basic Salary XXX
(ii) Fees/Commission XXX
(iii) Bonus XXX
(iv) Allowances:
(a) Dearness Allowance XXX
(b) House Rent Allowance (HRA) (115BAC – Not Allowed) xx
Less: Least of the following is exempt [Section 10(13A)] xx XXX
HRA actually received xxx
Rent paid (-)10% of salary for the relevant period xxx
50% of salary, if accommodation is located in
Mumbai, Kolkata, Delhi or Chennai or 40% of xxx
salary in any other city for the relevant period
(5) Value of gift, voucher: Sum equal to the amount of such gift
[If value of gift, voucher is upto Rs. 5,000, there would be
no perquisite]
(6) Use of moveable assets
(ii) However, where any salary, paid in advance, is assessed in the year of payment, it cannot
be subsequently brought to tax in the year in which it becomes due.
(iii) If the salary paid in arrears has already been assessed on due basis, the same cannot be
taxed again when it is paid.
2. Few examples given in module -
Professor → Examinership fees →from the same IOS
university in which he is employed
Director → Dual capacity Remuneration received – Salary
Attending the meetings - IOS
Official Liquidator Salary
Partner of a firm PGBP
Member of Parliament IOS
Income from tips IOS
Reason - not from the employer
Example – A person joined ABC ltd. On 1stJuly 2016 on a pay scale of monthly salary of Rs
30,000 – 3000 – 39000 – 5000 – 49000. The salary gets due on last day of every month. Find the
taxable salary of this person for P.Y 17 – 18 and PY 20 – 21.
Solution
Working Note
Immediately Refer Past Exam Questions now. Baad me nahi hota hai. Sath sath me karo.
Retirement Benefits
Leave Encashment
Full Taxable
Rs. 3,00,000 Leave salary 10 months’ salary (Total leaves allowed/ 10 months
actually received (on the basis of average
average salary of
Earned – Total leaves
last 10 months) Availed) monthly
salary
30
5. Gratuity 10(10)
Gratuity
Fully Taxable
Government Non-Government
Employees Employees
Fully Exempt
Covered under Not covered
Payment of underpayment of
Gratuity Act, 1972 Gratuity Act, 1972
6. Pension 10 (10A)
Pension
Commuted Uncommuted
Lumpsum)d (Monthly)
Points to Note
• If nothing is given in question – assume that the person is not in receipt of Gratuity
• Family Pension received – Head IOS – 1/3rd of amount received or Rs. 15,000 per year
(Lower one) is the deduction allowed.
• Don’t forget to reduce monthly pension amount if the assessee is getting the amount
commuted during the year.
For example – The assessee was receiving Rs 10,000 p.m. as monthly pension for PY 22-
23.
Now on 31st Jan 23 the assessee got 60% of pension commuted, so now for Feb and
March monthly pension will be Rs. 4.000 for each month.
Special Points:
1. [Rule 2BA]: The scheme of Voluntary Retirement should be framed in accordance with below guidelines.
i. Employee should have completed 10 years of service or 40 years of age. [This condition is not
applicable in the case of an employee of a public sector company].
ii. Scheme should be applicable to all employee (except Directors).
iii. Scheme should be drawn to result in overall reduction in existing strength of employees.
i. Vacancy caused by voluntary retirement should not be filled up.
ii. Retiring employee shall not be employed in other concern of same management.
If the guidelines are not followed, exemption shall not be available
2. Exemption under 10(10C) can be claimed only once by the Assessee.
Example
Mr. X received voluntary retirement compensation of Rs. 7,00,000 after 30 years 4 months of service. He still
has 6 years of service left. At the time of voluntary retirement, he was drawing basic salary Rs. 20,000 p.m.;
Dearness allowance (which forms part of pay) Rs. 5,000 p.m. Compute his taxable voluntary retirement
compensation.
Solution
Voluntary retirement compensation received Rs. 7,00,000
Allowances 8.
7A. Allowance partially taxable (115BAC – Not Allowed)
House Rent Allowance 10(13A)
Section Allowance Exemption
10(13A) House Rent Least of the following is exempt:
Allowance (a) HRA actually received
(b) Rent paid less10% of salary
(c) 50% of salary, if accommodation is
located in Mumbai, Kolkata, Delhi or
Chennai
40% of salary, if the accommodation is
located in any other city.
Points
➢ Salary means -> Basic + Conditional D.A + Commission fixed % of Turnover
➢ Exemption is given only for that period during which the house is occupied by the
assessee.
➢ If any of the given elements change, the calculation also needs to be done accordingly –
Actual HRA received, rent paid, Salary, Location of the house taken on rent.
1. Daily allowance–to meet the ordinary daily charges incurred by an employee on account
of absence from his normal place of duty
2. Uniform allowance.
3. Helper allowance –Helper for official duties(But Servant allowance fully taxable)
4. Research allowance - encouraging the academic research and training pursuits in
research institutions
5. Conveyance allowance - performance of duties of an office
6. Travelling Allowance - cost of travel on tour one city to another – Official tour
7. Transfer allowance–Shifting city - transfer, packing and shifting of personal effects on
such transfer
6 Any transport allowance granted to an employee who is blind or Rs. 3,200 per month.
deaf and dumb or orthopedically handicapped with disability of
the lower extremities of the body, to meet his expenditure for
7 Underground Allowance would be granted to an employee who Rs. 800 per month
is working in uncongenial, unnatural climate in underground
mines. This is applicable to whole of India.
Reminding again
Note: If the assessee opted concessional tax slab U/S 115BAC of the income tax act, 1961, then
assessee is not eligible to claim exemption from any allowances
except:
1. Travelling allowances
2. Daily allowances
3. Conveyance allowance
4. Transport allowance(For blind, handicapped, deaf or dumb employee)
Immediately Refer Past Exam Questions now. Baad me nahi hota hai. Sath sath me karo.
8. Perquisites
8A. Rent free accommodation (Reduce recovery from employer wherever done)
8A.1. Valuation of accommodation only (Excluding furniture)
Note – Calculate for only that number of months for which the house is occupied by the
employee.
*Salary means
Basic Salary
⬧ DA (forming part of the retirement benefits)
⬧ Bonus
⬧ Fee
⬧ Commission (also includes fixed commission)
⬧ Taxable allowances i.e. only taxable portion of allowances
Monetary payment
# ⬧Population notas
of the city being
peerperquisites
2011 census(e.g. Leave encashment) i.e. “Ignore ALL
types of perquisites inmay
Accommodation this be
calculation”)
provided:
(1) Rent free; or
(2) At concessional rate.
Note: In case the house is provided at concessional rate, the value determined above
shall be reduced by the rent, if any, actually paid by the employee.
8A.2.Value of Furniture provided (To Govt. + Non - Govt. Employees)
1. Owned by employer –10% p.aof actual cost.
2. Rented by employer – Actual rent paid
8A.3. Accommodation in a hotel
➢ Lower of 24% of Salary or actual hotel charges
8A.4. Where RFA is not taxable– Exceptions
a. Hotel accommodation provided for a period of maximum15 days on his transfer from one
place to another.
• This clause exempts leave travel concession (LTC)received by employees from their
employers for proceeding to any place in India,
• The benefit is available for assessee, spouse, children and (dependent) parents/
brother/sister
• Exemption will be available in respect of 2 journeys performed in a block of 4 calendar
years. Current block 2018 to 2021 calendar years)
• Where such travel concession or assistance is not availed by the individual during any
block of 4 calendar years, one such unavailed LTC will be carried forward to the
immediately succeeding block of 4 calendar years and will be eligible for exemption if
used in the first year of the block.
• Monetary limits – For comparison Amount not exceeding the shortest route by first class
rail fare or amount not exceeding the air economy fare of the National Carrier (Generally
Air India).
• The exemption referred to shall not be available to more than two surviving children of
an individual on or after 1.10.1998. This restrictive sub-rule shall not apply in respect
of children born before 1.10.1998 and also in case of multiple births after one child.
Calculation
Case Amount Amount Compariso Amount Amount Taxable
actually actually n amount - exempt
received spent Rail/ Flight
I 40,000.00 35,000.00 50,000.00 35,000.00 5000 (40,000 - 35,000)
(As amount sent is less than the amount
received from employer)
II 40,000.00 42,000.00 50,000.00 40,000.00 Nil
(As whole amount received is spent)
III 40,000.00 45,000.00 38,000.00 38,000.00 2000 (40,000 - 38000)
(As the amount given to employee is more
than the maximum limit regarding Rail/
Flight)
IV 50,000.00 43,000.00 42,000.00 42,000.00 8000 (50,000 - 42000)
(As amount given to employee is more than
the maximum limit regarding Rail/ Flight)
V 50,000.00 30,000.00 43,000.00 30,000.00 20,000
Condition
The employee spends
(i) an amount equal to the value of leave encashment (100% Payment) and;
(ii) an amount 3 times of the cash equivalent of deemed fare, as given above on purchase of such
items / availing of such services
(iii)which carry a GST rate of not less than 12%
Limit for other than CG employees (state governments, public sector enterprises, banks and
private sector)
Payment of cash allowance, subject to maximum of Rs 36,000 per person as Deemed LTC fare per
person (Round Trip) to non-Central Government employees.
New Rules added
Under Rule 2B of Income Tax Rules as follows:
Sub-Rule 1A
Maximum amount exempt shall be lower of –
Immediately Refer Past Exam Questions now. Baad me nahi hota hai. Sath sath me karo.
Medical
Facilities
Outside
India
In India
Points
1. Family means – Spouse, Children, Dependent Parents, Brothers & Sisters
2. Health/ Medical insurance policy premium paid by the employer for employee/
employee’s family members is exempt
3. Payment of premium on personal accident insurance policies of employees is exempt.
4. Reimbursement - in respect of any illness relating to COVID-19 subject to conditions notified by the
Central Government.
AY 23-24
Immediately Refer Past Exam Questions now. Baad me nahi hota hai. Sath sath me karo.
Immediately Refer Past Exam Questions now. Baad me nahi hota hai. Sath sath me karo.
Educatoin Perq - Immediately Refer Past Exam Questions now. Baad me nahi hota hai. Sath
sath me karo.
Other Points –
1. Perquisites exempt in all cases
a. Telephone d. Transport Facility by employer engaged on
transportation of goods/ passengers
b. Employer’s contribution to e. Refreshment during working
staff group insurance hours in office premises
scheme
c. Recreational facilities if f. Rent-free official Residence to a Judge of a High
provided to all employees Court, the Supreme Court, Officer of Parliament,
Union Minister and aLeader of Opposition in
Parliament.
2. ESOP
Vesting Period ExercisePeriod
1st year 2nd year 3rd year 4th year 5th year
Date of
Date of Date of
Option Acquired Exercise
Allotment
MP = Rs. 175 MP = Rs.
100 shares @ 20 200
MP = Rs. 100
Vesting
DateMP = Rs.
150
Solution :
Perquisite = MV on the date of Exercise - Amount recovered from employee
= 100 Shares X Rs. 175 - 100 Shares X Rs. 20
= Rs. 17,500 - Rs. 2,000
But taxable in the year of allotment (i.e. 5 year).
Immediately Refer Past Exam Questions now. Baad me nahi hota hai. Sath sath me karo.
9. Provident Fund
2. The annual accretion by way of interest, dividend on the above amounts is also to be
included in value of 7.5 Lacs rupees.
Illustration: Mr. X, working in MNO ltd., draws the following amount of emoluments from the
company:
Basic Pay 50
Commission 15
Total 87
Solutions:
Particulars After
Amendment
Basic Pay 50
Commission 15
Employer's contribution to recognized provident fund (in 4
excess of 12% of basic pay) [Rs. 10 lakh (less) Rs.6 lakh (Rs. 50
lakh * 12%] [Section 17(1)]
Employer's contribution to NPS 7
Employer's contribution to the superannuation fund in excess -
of rs. 1.5 lakhs [Old Section 17(2)(vii)]
Perquisite arising from Employer's contribution to the 14.50
superannuation fund, RPF and NPS in excess of rs. 7.5 lakhs
[New Section 17(2)(vii)]
Income chargeable to tax under the head "Salary" 90.50
Finance Act, 2020 inserted a new sub-clause (viia) in section 17(2) so as to provide that annual accretion
by way of interest, dividend or any other amount of similar nature during the previous year to the
balance at the credit of the fund or scheme referred to in sub-clause (vii) may also be treated as
perquisite.
Plus
Terms Meaning
Employers' Contribution > 7.5 lacs during the current year other than of current
PC1 year
R I/ Favg
Funds Average
Favg (opening + Closing Balance )/2
TP1 Aggregate of taxable perquisite other than the current previous year
Example
Opening balance of NPS/RPF etc. 20,00,000
During the year contribution of
Employer 10,00,000
Employee 10,00,000
Interest earned during the year 8,00,000
Immediately Refer Past Exam Questions now. Baad me nahi hota hai. Sath sath me karo.
Following table illustrates the impact of 115BAC under the head salaries (only the impacted
portion)
1. Can notional interest on security deposit given to the landlord in respect of residential premises taken on rent by
the employer and provided to the employee, be included in the perquisite value of rent-free accommodation given
to the employee ? CIT v. Shankar Krishnan (2012)(Bom.)
Decision - No
1. CanthelimitofINR1,000 per month per child be allowed as standard deduction, while computing the perquisite value
of free or concessional education facility provided to the employee by the employer?
CIT (TDS) v. Director, Delhi Public School (2011) (Punj. & Har.)
Decision – More than 1,000 – Fully taxable
Immediately Refer Past Exam Questions now. Baad me nahi hota hai. Sath sath me karo.
Accidental Points
1. While computation of Salary in Grade system – Change the salary after the completion of 12
months period and not from the beginning of the new Financial Year.
2. Remember “Salary” is differently defined in different calculations –
a.
Salary
3. Remember the mnemonics given in the chapter for different provisions like retirement benefits
calculations, allowances etc. This will make the retention of minute points very easy.
4. Read the beginning of any question very carefully. It may give you the hints regarding –
a. Who is the Person – Individual, Company, Firm etc.
b. Age of the person
c. City of stay of the person
d. Type of employee – Government/ Non Govt. Employee
e. Indian Citizen/ Person of Indian Origin etc.
5. In Pension calculate 1/2 or 1/3 of the (amount received/ commutation %). Generally, students
multiply 1/2 or 1/3 with the amount received and the whole calculation goes wrong.
6. Don’t forget to reduce monthly pension amount if the assessee is getting the amount
commuted during the year.
7. Need to mandatory remember the names and categories of the allowances.
8. Check carefully whether the House/ Furniture/ Car/ movable asset given to the employee for use
is “Owned” or “Rented” by the employer?
9. For Medical reimbursements and LTC, spouse, children can be dependent/ Independent but
parents/ brother/sister needs to be dependent to claim the benefit.
10. LTC restriction on Number of children (i.e. Maximum 2 ) is applicable only for those children who
are born 1.10.1998 onwards.
11. In Motor Car, Recovery from the employee is deducted from the value of the perquisite only and
only in the Second Category i.e. car/ expenses provided for “Fully Personal Use”.
The recovery is not to be deducted from Third Category i.e. Car provided for “Partly Official +
Partly Personal Use”
12. Calculation is different for below mentioned category of Motor Car –
Particulars Office + Personal purpose
3. Only Expenditure provided Total Expenditure
(-) 1800/2400 p.m
(-) 900 p.m for Driver (If any)
--------------------------------------
x x x → Taxable perquisite
15. For interest free or Concessional Loan – Consider the interest Rate of SBI only & that too of 1 st
Day of the relevant Year. Don’t get confused with the rates given of RBI, CG etc. and rate of
interest of different dates of the year.
16. Lunch/ Dinner perquisite provided at normal place of duty or paid vouchers provided – Taxable
but with the exemption limit of Rs. 50 per meal.
17. Lunch/ Dinner perquisite provided at offshore sites etc. – Fully exempt i.e. Taxable Value of
Perquisite is Nil
18. Lunch Dinner/ Meal allowance – Fully Taxable
19. Gift from Employer gets taxable under the head Salary (Exemption limit can be taken as Rs.
5000) and from other than employer gets taxable under the head “I.O.S” (Exemption limit can be
taken as Rs. 50,000)
20. If movable assets are transferred to the employee (i.e. sold 2nd Hand) follow the rates of
depreciation given as per valuation rules only –
a. Computers and Electronic Items - 50% w.d.v method
b. Motor Cars – 20% w.d.v method
c. Any other Assets – 10% SLM method.
Never get confused if the question specifies any other depreciation rate. Other rates if given,
have to be ignored.
21. Telephone perquisite – Not Taxable
Telephone allowance – Fully taxable
22. Specifically remember the category of the allowances where actual expenditure is relevant for
calculation and in which category it is irrelevant.
23. RPF category is most important for exams as this is the only category which contains limits if
12% of Salary and 9.5% of interest.
24. Entertainment allowance is “FULLY TAXABLE” for Non Govt. employee. Deduction is provided
only to the Govt employee.