Professional Documents
Culture Documents
DEMONTRATE THE
NETWORK AND PRESENCE
OF IT (INCOME
TAX)AUTHORITIES IN
MAHARASHTRA REGION.
OBJECTIVES OF THE
PROJECT
To understand what is Income tax
authorities
How is the presence of Income tax
authorities
What does Income Tax authorities
comprise of.
TOPICS COVERED UNDER THIS:
Introduction to Income Tax authorities
Various Authorities
Power of these authorities
How and when does these authorities
work.
WHAT IS INCOME TAX AUTHORITIES
a) The Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of
1963),
b) Directors-General of Income-tax or Chief Commissioners of Income-tax,
c) Directors of Income-tax or Commissioners of Income-tax or Commissioners of Income-tax (Appeals):
*(cc) Additional Directors of Income-tax or Additional Commissioners of Income-tax or Additional
Commissioners of Income-tax (Appeals),
*(cca) Joint Directors of Income-tax or Joint Commissioners of Income-tax.
d)Deputy Directors of Income-tax or Deputy Commissioners of Income-tax or Deputy Commissioners of
Income-tax (Appeals),
e)Assistant Directors of Income-tax or Assistant Commissioners of Income-tax,
f) Income-tax Officers,
g) Tax Recovery Officers,
h) Inspectors of Income-tax.
"Assessing Officer" means the Assistant Commissioner or Deputy Commissioner or Assistant Director or
Deputy Director or the Income-tax Officer who is vested with the relevant jurisdiction by virtue of directions
or orders issued under sub-section (1) or sub-section (2) of section 120 or any other provision of this Act, and
the Joint Commissioner or Joint Director who is directed under clause (b) of sub-section (4) of that section to
exercise or perform all or any of the powers and functions conferred on, or assigned to, an Assessing Officer
under this Act;
3.Appointment of Income-Tax Authorities [ Sec. 117 ]
*Power of Central Government : The Central Government may appoint such persons as it
thinks fit to be income-tax authorities. It kept with itself the powers to appoint authorities up
to and above rank of an Assistant Commissioner of Income-Tax [ Sec. 117 (1) ]
*Power of the Board and Other Higher Authorities : Subject to the rules and orders of
the Central Government regulating the conditions of service of persons in public services
and posts, the Central Government may authorize the Board, or a Director-General, a Chief
Commissioner or a Director or a Commissioner to appoint income-tax authorities below the
rank of an Assistant Commissioner or Deputy Commissioner. [ Sec. 117 (2) ]
*Power to appoint Executive and Ministerial Staff : Subject to the rules and orders of the
Central Government regulating the conditions of service of persons in public services and
posts, an income-tax authority authorized in this behalf by the Board may appoint such
executive or ministerial staff as may be necessary to assist it in the execution of its
functions.
The Board may, by notification in the Official Gazette, direct that any income-tax authority
or authorities specified in the notification shall be subordinate to such other income-tax
authority or authorities as may be specified in such notification.
REGION WISE INCOME TAX COMMISSIONER OF
MAHARASHTRA
1. If the car is used wholly for official purposes – Not a perquisite, hence not
taxable.
2. If the car is used wholly for private purposes –
step 1 Find out actual expenditure incurred by the employer [i.e., expenditure on
running and maintenance including remuneration of the chauffeur plus normal
wear & tear of the car (@ 10% p.a of actual cost to the employer) or hire charges
if car is taken on hire]
step 2 Less: Amount recovered from employee.
Balancing amount is taxable value of the perquisite.
3.If the car is partly used for official purposes and partly for private purposes
A sum calculated @ of Rs. 1,800 per month where the cubic capacity of the
engine does not exceed 1.6 liters or Rs.2,400 per month if such capacity exceeds
1.6 litres and Rs. 900 per month if chauffeur is provided (Nothing is deductible
in respect of any amount recovered from the employee).
WHEN CAR IS OWNED BY EMPLOYER:
b)If maintenance charge is borne by employee
1. If the car is used wholly for official purposes – Not a perquisite, hence not taxable.
2.If the car is used wholly for private purposes –
step 1 Find out expenditure incurred by the employer (i.e., hire charges if car is taken on
rent or normal wear & tear @10% p.a of actual cost of the car if the car is owned by the
employer plus salary of the chauffeur, if any, paid or payable by employer).
step 2 Less: Amount recovered from employee.
Balancing amount is taxable value of the perquisite
3.If the car is partly used for official purposes and partly for private purposes and
maintenance in respect of private use is borne by the employee.
A sum calculated @ of Rs. 600 p.m where the cubic capacity of the engine does not
exceed 1.6 litres or Rs.900 p.m if such capacity exceeds 1.6 litres and Rs. 900 per month
if chauffeur is provided (Nothing is deductible in respect of any amount recovered from
the employee
OTHER POINT
Car facility between office and residence : The use of motor car by an employee for the purpose of going from
residence to the office or from office back to residence, is not chargeable to tax at all.
Monthly calculation as said above is to be calculated on completed month and a part of the month is left out of
consideration.
DIAGRAMATIC PRESENTATION OF CASE 1 : When car is hired/owned by employer
a)If maintenance charges are borne by employer
b)If maintenance charges are borne by employee
CASE 2
WHEN CAR IS OWNED BY EMPLOYEE
When car is owned by employee and the related expenses are also met by employee
then it is not taxable if specified documents are maintained .
And if maintenance and running expense are met or reimbursed by employer then
taxability depends on purposes for which car has been used.
1. If car is used fully for official work- Not a perquisite ,hence not taxable .
2. If car is used fully for personal purpose-
Step 1: Find out actual expense incurred by employer
Step 2 : Less Amount recovered from employee
Balancing amount is taxable value of the perquisite .
3.If car is partially used i.e., personal as well as official work:
Step 1: Find out actual expense incurred by employer
Step 2:Less- amount used for official purpose (sum calculated @Rs1800p.m. If cubic
capacity of engine is less than or 1.6 litre OR Rs 2400 p.m. If cubic capacity of
engine is more than 1.6 litre and if chauffer is provided addition Rs 900 p.m. .
Step 3: Less- Amount recovered from employee{if any}
Balancing amount is taxable value of perquisite.
Diagrammatic PRESENTATION OF CASE 2: When car is
hired/owned by employee
a)If charges are borne by employer
b)If charges are borne by employee
In case when employer
provides more than one motor
car
If the employer has provided more than one motor
car for official as well as personal use ,in such a
case ,only one car shall be considered to be used
for official /personal purpose and all other cars
shall be considered to be used for personal purpose
.
PRACTICAL QUESTIONS:
CASE 1(i)
WHEN CAR IS HIRED BY EMPLOYER AND EXPENSES ARE ALSO MET BY
EMPLOYER
Q1. Mr. Himanshu is an employee at Gesco Ltd. His basic salary is Rs.70,000p.m.
He is been provided with Mercedes Benz car (2500 cc) by the company .
The following expenses are paid by company :1.Car cost : Rs 60,00,000
What is the taxable amount if car is used for :1.Official work 2.Personal work 3. Partly official and
personal work.
ANS :
Official purpose Amount (in Rs)
Basic salary(70,000*12) 8,40,000
Motor car perquisite (Fully exempted) 0
INCOME FROM SALARY 8,40,000
Personal purpose Amount(in Rs)
Driver salary 0