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PERQUISITES
PERQUISITES
•The term “perquisite” is defined under section 17(2). The definition of perquisite is an inclusive one.
•The term ‘perquisite’ indicates some extra benefit in addition to the amount that may be legally due
by way of contract for services rendered. In modern times, the salary package of an employee normally
includes monetary salary and perquisite like housing, car etc.
•Perquisite may arise in the course of employment or in the course of profession. If it arises from a
relationship of employer-employee, then the value of the perquisite is taxable as salary. However, if it
arises during the course of profession, the value of such perquisite is chargeable as profits and gains of
business or profession.
•Perquisite will become taxable only if it has a legal origin. An unauthorised advantage taken by an
employee without his employer’s sanction cannot be considered as a perquisite under the Act.
Example
• Suppose Mr. A, an employee, is given a house by his employer. On
31.3.2021, he is terminated from service.
But he continues to occupy the house without the permission of the
employer for six more months after which he is evicted by the employer.
The question arises whether the value of the benefit enjoyed by him
during the six months period can be considered as a perquisite and be
charged to salary.
Tea coffee and non-alcoholic beverages and snacks in working hours are
tax-free perquisites.
Meals (lunch or dinner) in office hours if cost to the employer is Rs.50 per
meal.
Subsidized lunch Subsidized lunch or dinner provided to an employee
Amount spent on training of employees Amount spent by the employer on the training of employees or the
amount paid for the refresher management course including
expenses on boarding and lodging
Leave Travel Allowance Concession (LTA) Leave travel concession, subject to the conditions specified under
section 10 (discussed separately)
Interest free/concessional Loan If aggregate amount of loan does not exceed Rs.20000, the
perquisite is not taxable.
Loan for medical treatement (given in rule 4A) is not taxable subject
to a few conditions.
Amount paid for assurance on the Its taxable except in the following cases
life of employee 1. Recognised PF
2. Superannuation fund
3. Group Insurance Schemes
4. ESI
5. Fidelity guarantee scheme