DIRECT TAXES CIRCULAR

Deduction of Tax At source

Section 192 l Salary

941. Employee claiming that salary is not chargeable to tax and no income-tax should be deducted at source - Employer to require employee to obtain certificate under section 197(1)

Under the provisions of section 192, any person responsible for paying any income chargeable under the head “Salaries” is required at the time of payment to deduct income-tax from the amount payable. In any case where an employee claims that his salary is not chargeable to income-tax and, therefore, no income-tax should be deducted at source from the salary receivable by him, the employer should require the employee to obtain from the concerned Income-tax Officer a certificate under section 197(1) authorising no deduction or deduction at such lower rates as may be prescribed in the said certificate. In the absence of such a certificate from the employee, the employer should deduct income-tax on the salary payable at the normal rates.

Circular: No. 147 [F. No. 275/80/74-ITJ], dated 28-10-1974.

942. Foreign technician received tax-free salary - Tax due on his salary not paid - Whether company should have paid tax so due at source and whether failure to do so attracts section 201(1A)

1. An assessee had employed a foreign technician under an agreement by which foreign technician was to receive tax-free salary and tax chargeable under the head “Salaries” was to be paid by the company. The agreement was approved by the Central Government under section 10(6)(vii)(a)(ii). However, the tax on his salary from December 5, 1965 to October 4, 1970 was paid by the assessee only in the financial year 1971-72 after a demand was raised by the Income-tax Officer.

2. The question for consideration was whether the company should have paid the tax so due at source under section 192(1) and whether failure to do so attracted provisions of section 201(1A).

3. The liability of the employer to deduct and pay tax under section 192(1) is absolute. The provisions of section 192(1) were attracted in the aforesaid case as it was the liability of the employer to have deducted and paid the tax regularly. Failure to do so would attract liability to pay interest under section 201(1A) as well as other penal provisions under the Act.

Letter: F.No. 237/4/75-A & PAC, dated 23-11-1976.

943. Calculation of exempt amount of house rent allowance under section 10(13A) for the purposes of deduction of tax at source under the section - Salary whether includes dearness pay

1. I am directed to invite reference to the Ministry’s letter F.No. 12/19/64 IT
(A-I), dated 2-1-1967 [see section 10(13A)], wherein the manner in which the house rent allowance is to be treated as exempt from the income-tax under section 10(13A), read with rule 2A of the Rules, was explained.

2. As per rule 2A “salary” has the same meaning as assigned to it in clause (h) of rule 2 of Part ‘A’ of the Fourth Schedule to the Act, i.e., “salary” includes dearness allowance if the terms of employment so provide but excludes all other allowances and perquisites. A question has arisen about the treatment to be given to the element of “dearness pay” in relation to rule 2A, insofar as Government servants are concerned. With the issue of orders in the Government of India, Ministry of Finance (Department of Expenditure) O.M. No. F. 1(34)-EII(B)/68, dated 18-1-1969 “dearness pay” is considered as “pay” for the purposes of pension and gratuity and compensatory allowance (including house rent allowance, etc.) in the case of Central Government servants. It is, therefore, clarified that for the purposes of calculating the house rent allowance that would be exempt under rule 2A the term “salary” includes “dearness pay” also. Where State Government servants are being paid “dearness pay” as in the case of Central Government employees, the clarification given above will apply.

3. The above clarification may please be brought to the notice of all disbursing officers and State undertakings under the control of the State Government. This may be kept in view, inter alia, for calculating income-tax to be deducted at source from salaries.

Circular: No. 90 [F.No. 275/79/72-ITJ], dated 26-6-1972.

944. Whether tax is not to be deducted at source from conveyance allowance where disbursing authority is satisfied that conveyance allowance is exempt under section 10(14)

1. Reference is invited to this Department’s Circular No. 195 [F.No. 275/47/76-ITJ], dated 25-3-1976 on the above subject.

2. This Department has received several references, enquiries, etc., from various private and public establishments seeking clarification on the point of admissibility of standard deduction under section 16(i) in the cases where the employees are in receipt of conveyance allowance. The procedure for deduction of tax at source explained in this Department’s circular referred to above indicates, in the worked example annexed thereto, how, in cases where conveyance allowance is granted by the employer to his employees, the standard deduction under section 16(i) is to be restricted to Rs. 1,000. Normally, conveyance allowance will come within the definition of perquisites under section 17(2)(iv). Hence, in the worked examples, conveyance allowance paid to an employee has been added back to determine the total income for purposes of deduction of tax at source. Section 10 indicates income which do not form part of the total income. Section 10(14) reads as under:

“Any special allowance or benefit, not being in the nature of an entertainment allowance or other perquisite within the meaning of clause (c) of section 17, specifically granted to meet expenses wholly, necessarily and exclusively incurred in the performance of the duties of an office or employment of profit, to the extent to which such expenses are actually incurred for that purpose.

Explanation : For the removal of doubts, it is hereby declared that any allowance granted to the assessee to meet his personal expenses at the place where the duties of his office or employment of profit are ordinarily performed by him or at the place where he ordinarily resides shall not be regarded, for the purposes of this clause as a special allowance granted to meet expenses wholly, necessarily and exclusively incurred in the performance of such duties.”

In terms of this section, allowance granted specifically to meet expenses wholly, necessarily and exclusively incurred in the performance of the duties of an office will not form part of the total income.

3. If the disbursing authority is satisfied that the conveyance allowance granted to the employees is covered by section 10(14), then the obligation to deduct tax thereon may not arise. In such contingency tax is not liable to be deducted at source from this allowance. However, at the same time it will have to be ensured that a certificate in terms of section 10(14) is endorsed on the tax deduction bills, by the disbursing authority. The employees who are in receipt of conveyance allowance would also have to furnish the necessary certificate before the assessing authorities in support of the fact that conveyance allowance is only a reimbursement of expenses laid out wholly, necessarily and exclusively for the performance of the duties of an office. Such satisfaction of the disbursing authority would still be liable for scrutiny by the Income-tax Officer during regular assessment proceedings before him.

Circular: No. 196 [F. No. 275/29/76-ITJ], dated 31-3-1976.

945. Authorisation by Board under section 119(2)(a) directing ITO not to require employer to deduct tax at source in respect of that part of conveyance allowance which has been treated as exempt under section 10(14) in the last completed assessment

In exercise of the powers conferred by clause (a) of sub-section (2) of section 119, the Central Board of Direct Taxes, being of opinion that it is necessary and expedient so to do, hereby orders that an Income-tax Officer shall not require an employer to deduct tax at source from the salary of his employee in respect of that part of conveyance allowance which is equal to the amount that had been treated by the Income-tax Officer as exempt under clause (14) of section 10 in the last completed assessment of the employee. If the employee claims to have spent during the year in regard to which the tax is to be deducted at source a larger portion of conveyance allowance than had been allowed in the last completed assessment year, a further deduction may be claimed by such employee at the time of regular assessment.

Order : F. No. 35/2/68-IT(A-I), dated 15-11-1972.

946. Disbursing officers directed to take into account value of rent-free accommodation for computation of tax to be deducted at source at the time of payment of salary to Government servants

1. Although, under section 18(2) of 1922 Act [corresponding to section 192(1) and (3) of the 1961 Act], there is no statutory obligation on the disbursing officers to deduct tax at source in respect of the value of rent-free accommodation, the Central Government consider that in the case of Government servants, the disbursing officers should see that the value of rent-free accommodation occupied by persons, in their payment, is taken into account for the computation of tax to be deducted at source at the time of payment of salary. This course would also be convenient to the Government servant as he will not be required to pay tax in respect of the perquisite in lump sum on assessment by the Income-tax Officer.

2. It is also requested that a direction to all administrative authorities should also be issued to furnish to the disbursing officers (accounts officers and treasury officers in the case of gazetted Government servants and heads of offices in the case of non-gazetted Government servants) an exhaustive list of the posts the incumbents of which are entitled to rent-free residences, the rental value in each case and other particulars necessary for assessment of income-tax on the rental value of the rent-free accommodation provided. The administrative officers may also be made responsible for intimating to the disbursing officer concerned the subsequent changes, if any, in the assessment of rental value or in the list of posts to which the concession of rent-free residence is attached. In respect of the non-gazetted Government servants, the audit officer should also be kept informed of all cases of grant of rent-free residences.

The value of such residences (excluding value of rent-free furniture, water, electricity and other services) should not ordinarily be taken at more than 10 per cent of the salary of the officers.

Circular : No. 38-D(LXIII-1) [F.No. 35(16)/IT/50], dated 9-7-1951.

947. Instructions regarding deduction of donations made to Chief Minister’s Earthquake Relief Fund, Maharashtra under section 80G

1. In the wake of the unfortunate earthquake which caused widespread devastation in certain areas of Maharashtra in the month of September 1993, the Government of India has issued a Press Note informing the general public that all donations made to the Chief Minister’s Earthquake Relief Fund, Maharashtra, will qualify for 100% deduction, without any ceiling.

2. It was also stated in the Press Note that all donations made to the Chief Minister’s Relief Fund for earthquake relief, prior to the setting up of the fund mentioned in para 1 above, would also qualify for 100% deduction.

3. The Board have been receiving queries from various quarters as to whether the Drawing and Disbursing Officers can allow 100% deduction of the aforesaid donations from salaries, under section 80G of the Income-tax Act, 1961, while computing the tax liability of the employees who make such donations. The Board have decided that the D.D.Os can do so in the case of all donors upon being satisfied about the amount donated and the evidence of its receipt by the Fund.

4. In cases where the employees of an organisation make donations to the aforesaid Fund(s) through their employers, that is, by deduction from their pay through the pay bill, it is quite possible that the amounts so deducted would be sent in lump sum to the fund and the fund would issue only one receipt for the same to the employer. In such cases the employer shall furnish to the Fund a list showing the names and designations of the donors, and the amount donated individually, along with the cheque for the lump sum donation and have the list countersigned by the Fund. Besides, allowing 100% deduction at his level, wherever permissible, the employer should issue a certificate to the concerned employee(s) stating the amount of deduction made, the number and date of the pay bill and the number and date of the cheque by which the lump sum amount including the donation made by the concerned employee(s) was paid to the Fund, so that the same could be filed by the concerned employees with their returns of income, if necessary.

5. There would be no upper ceiling for the purpose of deduction in respect of the amount donated to the funds mentioned in paras 1 and 2 above. It may, however, be noted that no deduction will be allowed if the sum donated is less than Rs. 250.

6. Necessary amendment to section 80G of the Income-tax Act will be made shortly. Meanwhile, the DDOs can allow deduction in respect of donations made during the current financial year (1993-94) to the Funds mentioned in paras 1 and 2 above.

Circular: No. 678, dated 10-2-1994.

948. Employers authorised to give deduction of allowance under section 80U from salary income while deducting tax at source on production of certificate issued by Income-tax Officer

1. Section 80U authorises deduction of Rs. 5,000 from the income of a resident individual who, at the end of the previous year, is either totally blind or is subject to or suffers from a permanent physical disability (other than blindness) which has the effect of reducing substantially his capacity to engage in a gainful employment or occupation.

2. The deduction of Rs. 5,000 is to be allowed to such a resident individual by the Income-tax Officer on production, in respect of the first assessment year for which deduction is claimed (a) in the case of a totally blind person, a certificate from a registered medical practitioner being an oculist; and (b) in the case of a permanent disabled person, a certificate from a registered medical practitioner as to the permanent physical disability referred to in clause (ii) of section 80U.

3. In order to avoid any inconvenience to such handicapped persons, the Board have been considering the question of authorising the employers to take into account this deduction while working out the tax to be deducted at source in case they derive income assessable under the head “Salaries”.

4. It has been decided that an employer would give a deduction of Rs. 5,000 from the income assessable under the head “Salaries” while deducting the tax at source thereon in any financial year on the production of a certificate. Such certificate will be issued by the Income-tax Officer in the name of the employer on a request made by the resident individual entitled to this deduction in the course of his assessment for the first assessment year or later. The certificate will be issued on completing the first year’s assessment if such an individual is held entitled to the deduction of Rs. 5,000 under section 80U.

5. A certificate once issued will continue to be in force till it is withdrawn by the Income-tax Officer or till the resident individual leaves the employment of the employer in whose favour the certificate is issued.

Circular: No. 272 [F. No. 275/16/80-IT(B)], dated 27-5-1980.

949. Procedure for regulating refund of amounts paid in excess of tax deducted and/or deductible

1. The Board have been considering the manner of refunding the amount paid in excess of the tax deducted and/or deductible (whichever is more) under sections 192 to 194D of the Income-tax Act. The Board are advised that such excess payment can be refunded, independently of the Income-tax Act, to the person responsible for making such payment subject to necessary administrative safeguards.

2. In supersession of the earlier instruction on the subject, the following procedure is laid down to regulate the refund of such excess payments.

3. The excess payment would be the difference between the actual payment made by the deductor and the tax deducted at source or that deductible, whichever is more. This amount should be adjusted against the existing tax liability under any of the Direct Tax Acts. After meeting such liability the balance amount, if any, should be refunded to the assessee.

4. Where the tax is deducted at source and paid by the branch office of the assessee and the quarterly statement/annual return (in case of salaries) of tax deduction at source is filed by the branch, such branch office would be treated as a separate unit independent of the head office. After meeting any existing tax liability of such a branch, which would normally be in relation to the deduction of tax at source, the balance amount may be refunded to the said branch office. The Income-tax Officer, who will refund the amount, would be the one who receives the quarterly statement/annual return (in case of salaries) of tax deduction at source from that branch office and keeps record of the payments of tax deduction at source made by that branch.

5. The adjustment of refund against the existing tax liability should be made in accordance with the present procedure on the subject. A separate refund voucher to the extent of such liability under each of the direct taxes should be prepared by the Income-tax Officer in favour of the “income-tax department” and sent to the bank along with the challan of the appropriate type. The amount adjusted and the balance, if any, refunded would be debitable under the sub-head “Other refunds” below the minor head “Income-tax on companies”—major head “020—Corporation Tax” or below the minor head “Income-tax other than Union Emoluments”—major head “021—Taxes on incomes other than corporation tax” according as the payment has originally credited to the major head “020—Corporation tax” or the major head “021—Taxes on incomes other than corporation tax”.

6. Since the adjustment/refund of the amount paid in excess would arise in relation to the deduction of tax at source, the recording of the particulars of adjustment/refund should be done in the quarterly statement of TDS/Annual return (in case of salaries) under the signatures of the Income-tax Officer at the end of the statement, i.e., below the signatures of the person furnishing the statement.

Circular: No. 285 [F. No. 275/77/79-IT(B)], dated 21-10-1980.

950. Clarification regarding liability to income-tax in India and deduction of tax at source of members of the crew of foreign going Indian ship

1. A person resident in India in any year is liable to pay tax in India on his global income. A non-resident, on the other hand, is charged to tax in India only on income which is received or is deemed to be received in India or which accrues or arises or is deemed to accrue or arise to him in India. Thus, in the case of a non-resident, income which accrues or arises outside India and is also received outside India is not subjected to tax in India.

2. After the amendment made in section 6 of the Income-tax Act, 1961 by the Finance Act, 1990, w.e.f. 1-4-1990, an Indian citizen who is a member of the crew of an Indian ship as defined in clause (18) of section 3 of the Merchant Shipping Act, 1958 is regarded as a resident in India only if he is in India for 182 days or more during the relevant year irrespective of the extent of his stay in India in earlier years. For this purpose, it is necessary to note that the term “India” as defined in section 2(25A) of the Income-tax Act, 1961 does not extend to Indian ships operating beyond Indian territorial waters. However, if he is outside India and comes on a visit to India in any year, and leaves India otherwise than as a member of the crew of an Indian ship he will be regarded as a resident in India if his stay in India during that year is for 150 days or more if during the 4 years preceding that year he has been in India for 365 days or more.

3. Thus, generally, Indian members of the crew of a foreign-going Indian ship would be non-resident in India if they are on board such ship outside the territorial waters of India for 182 days or more during any year. Accordingly, such seamen will be charged to tax in India only in respect of earnings received in India or the earnings for the period when they are working within the Indian waters on coastal ships, etc.

4. Under section 192 of the Income-tax Act, persons responsible for paying salary and other incomes chargeable under Income-tax Act under the head “Salaries” are required to deduct income-tax from such income at the time of payment. For this purpose, the amount of tax to be deducted is computed at the average rate of income-tax arrived at by applying the rates in force for the financial year in which the payment is made on the estimated income of the person to whom salary is paid. Since, as explained above, in the case of members of crew of foreign-going Indian ships, who are not likely to be in India for a period or periods exceeding 182 days in a year, income which accrues or arises outside India and is also received outside India is not liable to tax in India, the shipping companies and other persons responsible for paying salary to such members of crew may take these factors into account while computing the amount to be deducted as tax and deduct only so much of tax as would be chargeable on the estimated income liable to tax in India. If the shipping company or other person responsible for paying to such members of crew subsequently finds that any person who was earlier considered as not likely to be resident in India and deduction of tax at source was made on that basis is now likely to be resident in India, the shipping company or the other person responsible for making the payment, may increase the deduction so as to adjust any deficiency arising out of an earlier short deduction or non-deduction during the same financial year.

Circular: No. 586, dated 28-11-1990.

951. Procedure for deducting tax at source from seamen’s wages

1. Ship-owners are liable to deduct tax at source under section 192(1). There is no bar in the Merchant Shipping Act for such a deduction. Under section 125 of the Merchant Shipping Act, the Master of every ship has to deliver to the seaman a full account of seaman’s wages and of all deductions to be made therefrom on any account whatsoever. The deduction of tax from the wages of seaman may be shown in a separate column in the statement to be given to the seaman by the Master of the ship to comply with the section.

2. In view of the specific provisions of sub-section (1) of section 192, no other specific order of the Central Board of Direct Taxes directing deduction of tax at source is necessary.

3. (a) No special system of recovery is necessary regarding the deduction of tax. The Board does not consider it appropriate to adopt the U.K. system regarding tax deduction or to centralise cases of seamen at one place at Delhi as suggested by the two Committees.

(b) For the purposes of determining the rate of tax applicable, the total salary of the seamen for the year may be estimated as the amount of wages due for a period of ten months on the basis of the monthly wages fixed as per articles of agreement. In cases, where the agreement itself covers a period of more than ten months, the estimated income of such actual period would have to be taken into account for the purpose of tax deduction. If an agreement starts towards the latter part of the year and any seaman satisfies his employer that his income for the year as a whole would not be above the taxable limit, no tax need be deducted for that financial year.

(c) The return of salaries may be made by the Indian employer or the agent of the foreign employer within the time mentioned in section 206 of the Income-tax Act, 1961. If any difficulty is felt in furnishing the return in respect of any employee, the person liable to file the return should give particulars of the person employed and obtain time from the Commissioner for filing the return later.

(d) Considering that the ships would be on the high seas for weeks, payment of the tax may be made quarterly as provided in rule 30 of the Income-tax Rules, 1962. However, the employer will have to ensure that before wages are paid to the seamen at the time of discharge, the tax liabilities are properly calculated and final recovery is effected from such wages paid at the time of discharge.

(e) In respect of Indian seamen engaged on foreign owned ships, the agents in India of the foreign principal will be responsible for deduction of the tax at source under section 192(1) of the Income-tax Act, 1961.

Letter: F. No. 12/71/65-IT(B), (Extract), dated 5-3-1966.

952. Deduction admissible for deposits made in National Savings Scheme to be allowed while computing income of employees for purpose of deduction of tax at source

1. I am directed to invite a reference to this Ministry’s Circular No. 489 [F.No. 275/51/87-IT(B)], dated 25-6-1987, wherein the rates of income-tax deduction during the year 1987-88 from the payment of income chargeable under the head “Salaries” under section 192 were intimated.

2. It may be added that the Finance Act, 1987 has inserted a new section 80CCA. Under the new provisions, deduction will be allowed to an individual, a Hindu undivided family and certain categories of associations of persons or bodies of individuals in respect of the deposits made in the National Savings Scheme. The deduction will be restricted to 50 per cent¹ of the amount deposited, as does not exceed Rs. 20,000 in a previous year. The maximum deduction admissible on this account is limited to Rs. 10,000 per annum. In case the depositor makes any withdrawals from the amount standing to his credit in the National Savings Scheme together with the interest accrued thereon, an amount equal to 50 per cent of the amount so withdrawn shall be deemed to be the income of the taxpayer for the previous year in which such withdrawal is made. Interest on the deposits made under the National Savings Scheme will be taxable only in the year of withdrawal and to the extent of fifty per cent thereof. The Department of Economic Affairs in the Ministry of Finance by their notification No. GSR 335(E), dated 30-3-1987.

3. The deductions admissible under section 80CCA in respect of the deposits made by the employees out of their income chargeable to tax in the said National Savings Scheme may be allowed by the drawing and disbursing officer while computing the income of the employees for the purpose of deduction of tax at source. These instructions may please be brought to the notice of all disbursing officers and State undertakings under the control of the State Governments, etc.

4. It may be noted that the deduction admissible under this section is in addition to the deduction admissible under section 80C.

Circular : No. 501 [F. No. 275/109/87-IT(B)], dated 20-1-1988.

953. Effect of insertion of sub-sections (2), (2A) and (2B) in section 192 by the Finance Act, 1987 - Relevant rules amended to enable tax deduction at source in situations envisaged in the said sub-sections

1. I am directed to say that under the provisions of section 192, tax was to be deducted at source by any person responsible for paying any income chargeable under the head “Salaries”. The rates of income-tax deduction during the year 1987-88 and the relevant rules applicable have already been circulated under Circular No. 489, dated 25-6-1987. The scope of deduction of tax at source from “salaries” was modified by the Finance Act, 1987, by the insertion of sub-sections (2), (2A) and (2B) in section 192. The salient features of these provisions are given below :

(a) The new sub-section (2) inserted in section 192 deals with situations where an individual is working under more than one employer or has changed from one employer to another. It provides for deduction of tax at source by such employer (as the taxpayer may choose) from the aggregate salary of the employee who is or has been in receipt of salary from more than one employer. The employee is now required to furnish to the present/chosen employer details of the income under the head “Salaries” due or received from the former/other employer and also tax deducted at source therefrom, in writing and duly verified by him and by the former/other employer. The present employer will be required to deduct tax at source on the aggregate amount of salary (including salary received from former or other employer).

(b) Under the existing provisions of section 89(1) it is the ITO who is empowered to give relief from the incidence of tax at a higher rate in a case where an employee receives salary in arrears or in advance. The Amending Act by inserting sub-section (2A) in section 192 provides that in respect of salary payment of employees of Government or public sector undertakings deduction of tax at source may be made after allowing relief under section 89(1).

(c) Presently the person making payment of salary cannot take into account other incomes of the employee for the purpose of deduction of tax at source. The Amending Act by inserting sub-section (2B) enables a taxpayer to furnish particulars of income other than salaries to his employer who shall deduct out of the salary payment, the tax due on the total income subject to the condition that the total amount of tax deducted shall not be less than the amount deductible from income from salaries only.

(d) These amendments will come into force with effect from 1st June, 1987. To meet the requirements of the new provisions, the Central Government have notified necessary amendments in the Income-tax Rules, 1962 vide Notification No. SO 963(E), dated 29-10-1987 [vide the Income-tax (Amendment) Rules, 1987].

Circular: No. 504 [F.No. 275/138/87-IT(B)], dated 8-2-1988.

954. Instruction to companies to give information regarding employees drawing Rs. 50,000 p.a. and above

1. As you may be aware, the Government of India has attached very serious importance to the question of tax deduction at source from the payments made to employees of the corporate sector and other institutions. In view of certain exemptions and deductions allowed from the computation of total income, a number of instances have been brought to the notice of the Government of categorising some of the allowances as not taxable and hence excluded from the tax deduction net. Experience has shown that innumerable allowances such as educational allowance, house rent allowance, medical allowance, telephone allowance, car allowance, taxi reimbursement allowance, hill allowance, clothing allowance, washing allowance, entertainment allowance, servant allowance, house up-keeping allowance, and so on, have been granted to the employees. Most of these allowances are taxable receipts and have to be taken into account while deduction of tax is made, even if this may be in the form of reimbursement of expenditure.

2. The Government of India wishes to ensure that the tax is deducted at source on all taxable receipts in a proper manner.

3. In order to verify the correctness of the deduction of tax made by your company from the amount paid to the employees, you are requested to direct the persons responsible for deducting tax at source to send a statement of total emoluments including all the allowances and also all the reimbursement of expenditure allowed to your employees item-wise, made during the year ended March 31, 1993. The statement should include the details of pay and allowances (all kinds, whether paid as such or paid as reimbursement of expenditure) separately and may be limited to those employees who draw a total gross salary of Rs. 50,000 and above.

Source : Hindu, dated 23-6-1994.

955. Whether, where non-residents are deputed to work in India and taxes are borne by employers, in certain cases if an employee to whom refunds are due has already left India and has no bank account here by the time assessment orders are passed, refund can be issued to employer as tax has been borne by it

1. References have been received by the Board in cases where non-residents are deputed to work in India and the taxes are borne by the employers. In certain cases, an employee to whom refunds are due has already left India and has no bank account here by the time the assessment orders are passed. A question has been raised whether in such cases, the refund can be issued to the employer as the tax has been borne by it.

2. The Board has considered the matter and it is of the view that insofar as the payment of refund which has already become due in concerned, there may be no objection to giving the refund to the employer if the non-resident assessee duly gives an authorisation in this regard. In such cases, the procedure laid down in Circular No. 285, dated 21-10-1980 issued by the Central Board of Direct Taxes needs to be followed.

3. Under the provisions of section 163 of the Income-tax Act, 1961, inter alia, any person from or through whom the non-resident is in receipt of any income, whether directly or indirectly, can be regarded as an agent in relation to the non-resident. Accordingly, the company itself can file the return and can be assessed in its own name in respect of that income under section 161(1) of the Act, and claim the refund.

Circular: No. 707, dated 11-7-1995.

956. Clarification regarding deduction of tax from payments of additional pay, allowances and arrears to Central Government employees following the notification based on recommendations of the 5th Pay Commission

1. The Central Government has recently notified new scales of pay and allowances for different categories of Government employees based on the recommendations of the 5th Pay Commission. In addition, the employee will be entitled to substantial amounts of arrears. As a result of this increase, many employees whose incomes according to the old pay scales were below the taxable limit would now enter the tax net. Many other employees would move to higher brackets for application of the tax rates.

2. As per section 192 of the Income-tax Act, 1961 the person responsible for paying any income under the head ‘Salaries’ is required, at the time of payment, to deduct income-tax on the amount payable, at the average rate of income-tax computed on the basis of the rates in force for the financial year in which the payment is made, on the estimated income of the assessee for that financial year.

3. All DDOs must, therefore, ensure that proper and adequate tax is deducted from the disbursement to employees of not only additional pay and allowances but also of arrears payable to Central Government employees as a result of the implementation of the revised pay scales.

Circular: No 756, dated 10-10-1997.

957. Clarification regarding deduction of tax from payments of additional pay, allowances and arrears to Central Government employees following the Notification based on recommendations of the Fifth Pay Commission

1. Under the provision of section 192 of the Income-tax Act, an employer is required to deduct tax at source from any payments in the nature of salary which includes, inter alia, any arrear payments. The manner of determining the amount of tax to be deducted at source from these payments is set out in Circular No. 757, dated 20th October, 1997 issued by the Central Board of Direct Taxes read with Circular No. 756, dated 10th October, 1997.

2. However, it has come to our notice that a large number of Drawing and Disbursing Officers have not deducted the full quantum of the tax liability on the arrears paid to Central Government employees as a consequence of the recently announced revision of the pay-scales. The deductions have been made in an ad hoc manner. This is in gross violation of the provisions of the Income-tax Act and is liable to attract penal consequences including prosecution.

3. All Drawing and Disbursing Officers in the Central Government and various organisations under it are advised to recompute the correct tax liability of every employee, on the arrears drawn by him and immediately recover the full tax liability thereon. They should further ensure that the tax so recovered is paid to the account of the Central Government by 20th November, 1997.

4. Drawing and Disbursing Officers who fail to comply with the provisions of section 192 of the Income-tax Act, read with the above-referred Circulars, would be liable to pay interest under sub-section (1A) of section 201 of the Income-tax Act and to other penal consequences under the said law.

Circular: No. 758, dated 7-11-1997.

Clarification one

1. The Central Government has recently notified new scales of pay and allowances for different categories of Government employees based on the recommendations of the 5th Pay Commission. In addition, the employees will be entitled to substantial amounts of arrears. As a result of this increase, many employees whose incomes according to the old pay scales were below the taxable limit would now enter the tax net. Many other employees would move to higher brackets for application of the tax rates.

Circular : No. 756, dated 10-10-1997.

958. Clarification regarding taxability of transport allowance

1. Reference have been received as to whether the Transport Allowance granted to the Central Government employees on the recommendations of Fifth Central Pay Commission forms part of taxable salary for the purposes of deduction of tax at source.

2. The matter has been considered by the Board. The transport allowance granted to the employees of the Central Government is to compensate them for the cost incurred on account of commuting between the place of residence and the place of duty. This allowance cannot be said to have been granted to meet expenses incurred wholly, necessarily and exclusively in the performance of the duties of an office or employment of profit. The said allowance is, therefore, not covered by the provisions of section 10(14)(i) of the Income-tax Act, 1961, read with rule 2BB(1)(c) of the Income-tax Rules, 1962. It is further clarified that any allowance, by whatever name called, granted by an employer, which has the element of compensation of the expenditure incurred on commuting from residence to office or vice versa, will also not qualify for the benefit under section 10(14)(i).

3. Accordingly, the persons responsible for paying any amount of the above nature, should treat the same as part of taxable income and deduct tax at source at the appropriate rates under the relevant provisions of the Income-tax Act, 1961.

Circular : No. 764, dated 20-2-1998.*

Instructions for Deduction of Tax at
Source From Salary

Financial year 2003-2004

958A. Income-tax deduction from salaries during the financial year 2003-2004 under section 192

Reference is invited to Circular No. 13/2002 dated 23-12-2002 wherein the rates of deduction of income-tax from the payment of income under the head ‘Salaries’ under section 192 of the Income-tax Act, 1961, during the financial year 2002-03, were intimated. The present Circular contains the rates of deduction of income-tax from the payment of income chargeable under the head “Salaries” during the financial year 2003-04 and explains certain related provisions of the Income-tax Act.

Finance Act, 2003

2. According to the Finance Act, 2003, income-tax is required to be deducted under section 192 of the Income-tax Act, 1961 from income chargeable under the head “Salaries” for the financial year 2003-2004 (i.e. assessment year 2004-2005) at the following rates :

Rates of Income-tax

1.	Where the total income does not exceed Rs. 50,000.	Nil
2.	Where the total income exceeds Rs. 50,000 but does not exceed Rs. 60,000.	10 per cent, of the amount by which the total income exceeds Rs. 50,000.
3.	Where the total income exceeds Rs. 60,000 but does not exceed Rs. 1,50,000.	Rs. 1,000 plus 20 per cent of the amount by which the total income exceeds Rs. 60,000.
4.	Where the total income exceeds Rs. 1,50,000.	Rs. 19,000 plus 30 per cent of the amount by which the total income exceeds Rs. 1,50,000.

Surcharge on income-tax :

The amount of income-tax computed in accordance with the preceding provisions of this paragraph shall be reduced by the amount of rebate of income-tax calculated under Chapter VIII and the income-tax so reduced shall be increased by a surcharge at the rate of ten per cent of such income-tax where the total income exceeds eight hundred and fifty thousand rupees.

However, the total amount payable as income-tax and surcharge shall not exceed the total amount payable as income-tax on a total income of Rs. 8,50,000 by more than the amount of income that exceeds Rs. 8,50,000.

Surcharge is payable by both resident and non-resident assessees.

Section 192 of the Income-tax Act, 1961 : Broad scheme of tax deduction at source from “Salaries” etc.

3.1 Method of tax calculation - Every person who is responsible for paying any income chargeable under the head “Salaries” shall deduct income-tax on the estimated income of the assessee under the head “Salaries” for the financial year 2003-2004. The income-tax is required to be calculated on the basis of the rates given above and shall be deducted on average at the time of each payment. No tax will, however, be deducted at source in any case unless the estimated salary income including the value of perquisites, for the financial year exceeds Rs. 50,000. (Some typical examples of computation of tax are given at Annexure-I).

3.2 Payment of tax on non-monetary perquisites by employer - An option has been given to the employer to pay the tax on non-monetary perquisites given to an employee. The employer may, at his option, make payment of the tax on such perquisites himself without making any TDS from the salary of the employee. The employer will have to pay such tax at the time when such tax was otherwise deductible i.e. at the time of payment of income chargeable under the head “Salaries” to the employee.

3.3 Computation of average income-tax - For the purpose of making the payment of tax mentioned in para 3.2 above, tax is to be determined at the average of income-tax computed on the basis of rate in force for the financial year, on the income chargeable under the head “Salaries”, including the value of perquisites for which tax has been paid by the employer himself.

Illustration :

Suppose that the income chargeable under the head “Salary” of an employee for the year inclusive of all perquisites is Rs. 2,40,000, out of which, Rs. 40,000 is on account of non-monetary perquisites and the employer opts to pay the tax on such perquisites as per the provisions discussed in para 3.2 above.

Steps :

Income chargeable under the head “Salary” inclusive of all perquisites :	Rs. 2,40,000
Tax on total salaries :	Rs. 37,000
Average rate of tax [(37,000/2,40,000) × 100] :	15.41%
Tax payable on Rs. 40,000 (15.41% of 40,000) :	Rs. 6,167
Amount required to be deposited each month : (6,167/12)	Rs. 514

The tax so paid by the employer shall be deemed to be TDS made from the salary of the employee.

3.4 Salary from more than one employer - Sub-section (2) of section 192 deals with situations where an individual is working under more than one employer or has changed from one employer to another. It provides for deduction of tax at source by such employer (as the taxpayer may choose) from the aggregate salary of the employee who is or has been in receipt of salary from more than one employer. The employee is now required to furnish to the present/chosen employer details of the income under the head “Salary” due or received from the former/other employer and also tax deducted at source therefrom, in writing and duly verified by him and by the former/other employer. The present employer will be required to deduct tax at source on the aggregate amount of salary (including salary received from the former or other employer).

3.5 Relief when salary paid in arrear or advance - Under sub-section (2A) of section 192 where the assessee, being a Government servant or an employee in a company, co-operative society, local authority, university, institution, association or

Explanation - For this purpose “University” means a University established or incorporated by or under a Central, State or Provincial Act, and includes an institution declared under section 3 of the University Grants Commission Act, 1956 (3 of 1956), to be University for the purposes of the Act.

3.6 Furnishing of declaration by taxpayer in Form 12C - Sub-section (2B) of section 192 enables a taxpayer to furnish particulars of income under any head other than “Salaries” and of any tax deducted at source thereon in the prescribed Form (No. 12C) vide Annexure II. After an amendment made to the Income-tax Rules this year, the particulars may be furnished in a simple statement, which is properly verified by the taxpayer in the same manner as in Form No. 12C. Such income should not be a loss under any such head other than the loss under the head “Income from house property” for the same financial year. The person responsible for making (DDO) shall take such other income and tax, if any, deducted at source from such income, and the loss, if any, under the head “Income from house property” into account for the purpose of computing tax deductible under section 192 of the Income-tax Act. It is, however, provided that this sub-section shall not in any case have the effect of reducing the tax deductible, except where the loss under the head “Income from house property” has been taken into account, from income under the head “Salaries” below the amount that would be so deductible if the other income and the tax deducted thereon had not been taken into account. In other words, the DDO can take into account only the loss from house property for working out the amount of total tax to be deducted. While taking into the account the loss from house property, the DDO shall ensure that the assessee files the declaration referred to above and encloses therewith a computation of such loss from house property. Sub-section (2C) lays down that a person responsible for paying any income chargeable under the head “Salaries” shall furnish to the person to whom such payment is made a statement giving correct and complete particulars of perquisites or profits in lieu of salary provided to him and the value thereof in such form and manner as may be prescribed (Annexure III-A & B). These forms are required to be filed by the employee along with the Return of Income for the relevant year.

3.7 Conditions for claim of deduction of interest on borrowed capital for computation of income from house property - (i) For the purpose of computing income/loss under the head “Income from house property” in respect of a self-occupied residential house, a normal deduction of Rs. 30,000 is allowable in respect of interest on borrowed capital. However, a deduction on account of interest up to a maximum limit of Rs. 1,50,000 is available if such loan has been taken on or after 1-4-1999 for constructing or acquiring the residential house and the construction or acquisition of the residential unit out of such loan has been completed within three years from the end of the financial year in which capital was borrowed. Such higher deduction is not allowable in respect of interest on capital borrowed for the purposes of repairs or renovation of an existing residential house. To claim the higher deduction in respect of interest upto Rs. 1,50,000, the employee should furnish a certificate from the person to whom any interest is payable on the capital borrowed, specifying the amount of interest payable by such employee for the purpose of construction or acquisition of the residential house or for conversion of a part or whole of the capital borrowed, which remains to be repaid as a new loan.

(ii) The essential conditions necessary for availing higher deduction of interest of Rs. 1,50,000 are that the amount of capital must have been borrowed on or after 1-4-1999 and the acquisition or construction of residential house must have been completed within three years from the end of the financial year in which capital was borrowed. There is no stipulation regarding the date of commencement of construction. Consequently, the construction of the residential house could have commenced before 1-4-1999 but, as long as its construction/acquisition is completed within three years, from the end of the financial year in which capital was borrowed the higher deduction would be available in respect of the capital borrowed after 1-4-1999. It may also be noted that there is no stipulation regarding the construction/acquisition of the residential unit being entirely financed by capital borrowed on or after 1-4-1999. The loan taken prior to 1-4-1999 will carry deduction of interest up to Rs. 30,000 only. However, in any case the total amount of deduction of interest on borrowed capital will not exceed Rs. 1,50,000 in a year.

3.8 Adjustment for excess or shortfall of deduction - The provisions of sub-section (3) of section 192 allow the deductor to make adjustments for any excess or shortfall in the deduction of tax already made during the financial year, in subsequent deductions for that employee within that financial year itself.

3.9 TDS on payment of balance under provident fund and superannuation fund - The trustees of a Recognized Provident Fund, or any person authorized by the regulations of the Fund to make payment of accumulated balances due to employees, shall, in cases where sub-rule (1) of rule 9 of Part A of the Fourth Schedule to the Act applies, at the time when the accumulated balance due to an employee is paid, make therefrom the deduction specified in rule 10 of Part A of the Fourth Schedule.

3.10 Where any contribution made by an employer, including interest on such contributions, if any, in an approved Superannuation Fund is paid to the employee, tax on the amount so paid shall be deducted by the trustees of the Fund to the extent provided in rule 6 of Part B of the Fourth Schedule to the Act.

3.11 Salary paid in foreign currency - For the purposes of deduction of tax on salary payable in foreign currency, the value in rupees of such salary shall be calculated at the prescribed rate of exchange.

Persons responsible for deducting tax and their duties

4.1 Under clause (i) of section 204 of the Act the “persons responsible for paying” for the purpose of section 192 means the employer himself or if the employer is a Company, the Company itself including the Principal Officer thereof.

4.2 The tax determined as per para 7 should be deducted from the salary under section 192 of the Act.

4.3 Deduction of tax at lower rate - Section 197 enables the taxpayer to make an application in Form No. 13 to his Assessing Officer, and, if the Assessing Officer is satisfied that the total income of the taxpayer justifies the deduction of income-tax at any lower rate or no deduction of income-tax, he may issue an appropriate certificate to that effect which should be taken into account by the Drawing and Disbursing Officer while deducting tax at source. In the absence of such a certificate furnished by the employee, the employer should deduct income-tax on the salary payable at the normal rates : (Circular No. 147, dated 28-10-1974).

4.4 Deposit of tax deducted - According to the provisions of section 200, any person deducting any sum in accordance with the provisions of section 192 or paying tax on non-monetary perquisites on behalf of the employee under section 192(1A), shall pay the sum so deducted or tax so calculated on the said non-monetary perquisites, as the case may be, to the credit of the Central Government in prescribed manner (vide Rule 30 of the Income-tax Rules, 1962). In the case of deductions made by, or, on behalf of the Government, the payment has to be made on the day of the tax deduction itself. In other cases, the payment has to be normally made within one week of the deduction.

4.5 Penalty for failure to deposit tax deducted - If a person fails to deduct the whole or any part of the tax at source, or, after deducting, fails to pay the whole or any part of the tax to the credit of the Central Government within the prescribed time, he shall be liable to action in accordance with the provisions of section 201. Sub-section (1A) of section 201 lays down that such person shall be liable to pay simple interest at twelve per cent per annum w.e.f. 8-9-2003 on the amount of such tax from the date on which such tax was deductible to the date on which the tax is actually paid. Section 271C lays down that if any person fails to deduct tax at source, he shall be liable to pay, by way of penalty, a sum equal to the amount of tax not deducted by him. Further, section 276B lays down that if a person fails to pay to the credit of the Central Government within the prescribed time the tax deducted at source by him, he shall be punishable with rigorous imprisonment for a term which shall be between 3 months and 7 years, and with fine.

4.6 Furnishing of certificate for tax deducted - According to the provisions of section 203, every person responsible for deducting tax at source is required to furnish a certificate to the payee to the effect that tax has been deducted and to specify therein the amount deducted and certain other particulars. This certificate, usually called the “TDS certificate”, has to be furnished within a period of one month from the end of the relevant financial year. Even the banks deducting tax at the time of payment of pension are required to issue such certificates. In the case of employees receiving salary income including pension, the certificate has to be issued in Form No. 16 which has been prescribed under Board’s Notification No. S.O. No. 1062(E), dated 4-10-2002. It is, however, clarified that there is no obligation to issue the TDS certificate (Form 16) in case tax at source is not deductible/deducted by virtue of claims of exemptions and deductions. As per the amended section 192, the responsibility of providing correct and complete particulars of perquisites or profits in lieu of salary given to an employee is placed on the person responsible for paying such income i.e., the person responsible for deducting tax at source. The form and manner of such particulars as prescribed in Rule 26A, Form No. 12BA and Form No. 16 of the Income-tax Rules as amended by notification No. S.O. No. 1062(E), dated 4-10-2002 (copy enclosed as Annexures III-A & III-B).

Information relating to the nature and value of perquisites is to be provided by the employer in Form No. 12BA in case of salary above Rs. 1,50,000. In other cases, the information would have to be provided by the employer in the amended Form No. 16 itself. In either case, Form No. 16 with Form No. 12BA or Form No. 16 by itself will have to be furnished within a period of one month from the end of relevant financial year.

An employer, who has paid the tax on perquisites on behalf of the employee as per the provisions discussed in paras 3.2 and 3.3, shall furnish to the employee concerned a certificate to the effect that tax has been paid to the Central Government and specify the amount so paid, the rate at which tax has been paid and certain other particulars in the amended Form No. 16.

A specimen of these certificates is enclosed at Annexure III. These certificates are to be issued on the tax-deductor’s own stationery within one month from the close of the financial year i.e. by April 30 of every year. If he fails to issue these certificates to the person concerned as required by section 203, he will be liable to pay, by way of penalty, under section 272A, a sum which shall be Rs. 100 for every day during which the failure continues.

4.7 Mandatory quoting of PAN and TAN - According to the provisions of section 203A of the Income-tax Act, it is obligatory for all persons responsible for deducting tax at source to obtain and quote the Tax-deduction Account No. (TAN) in the Challans, TDS-certificates, returns etc. Detailed instructions in this regard are available in this Department’s Circular No. 497 [F.No. 275/118/87-IT(B), dated 9-10-1987]. If a person fails to comply with the provisions of section 203A, he will be liable to pay, by way of penalty, under section 272BB, a sum of ten thousand rupees. Similarly, as per section 139A(5B), it is obligatory for persons deducting tax at source to quote PAN of the persons for whose income-tax has been deducted in the statement furnished under section 192(2C), certificates furnished under section 203 and all returns prepared and delivered as per the provisions of section 206 of the Income-tax Act, 1961.

4.8 Annual return of TDS - According to the provisions of section 206 of the Income-tax Act, read with rules 36A and 37 of the Income-tax Rules, the prescribed person in the case of every office of Government, the principal officer in the case of every company, the prescribed person in the case of every local authority or other public

4.9 A return filed on a floppy, diskette, magnetic cartridge tape, CD-ROM or any other computer readable media as may be specified by the Board shall be deemed to be a return for the purposes of section 206 and the Rules made thereunder, and shall be admissible in any proceeding thereunder, without further proof of production of the original, as evidence of any contents of the original or of any fact stated therein. While receiving such returns on computer media, necessary checks by scanning the documents filed on computer media will be carried out and the media may be duly authenticated by the Assessing Officer.

4.10 Challans for deposit of TDS - While making the payment of tax deducted at source to the credit of the Central Government, it may be ensured that the correct amount of income-tax is recorded in the relevant challan. It may also be ensured that the right type of challan is used. The relevant challan for making payment of tax deducted at source from salaries is No. 9 with “Blue colour Band”. Where the amount of tax deducted at source is credited to the Central Government through book adjustment, care should be taken to ensure that the correct amount of income-tax is reflected therein.

4.11 TDS on income from pension - In the case of pensioners who receive their pension from a nationalized bank, the instructions contained in this circular shall apply in the same manner as they apply to salary-income. The deductions from the amount of pension on account of standard deduction under section 16 and the tax rebate under section 88B [in the case of pensioners, resident in India, who are 65 years of age or more : refer para 6(18)] will be allowed by the concerned bank at the time of deduction of tax at source from the pension, before making payment to the concerned pensioner. As regards the tax rebate under section 88 on account of contribution to Life Insurance, Provident Fund, NSC etc., if the pensioners furnish the relevant details to the banks, the tax rebate at the specified rate may also be allowed. Necessary instructions in this regard were issued by the Reserve Bank of India to the State Bank of India and other nationalized Banks vide RBI’s Pension Circular (Central Series) No. 7/C.D.R./1992 (Ref. CO:DGBA:GA(NBS) No. 60/GA.64 (11CVL)-91/92), dated April 27, 1992, and , these instructions should be followed by all the branches of the Banks, which have been entrusted with the task of payment of pensions. Further all branches of the banks are bound under section 203 to issue certificate of tax deducted in Form No. 16 to the pensioners also vide CBDT Circular No. 761, dated 13-1-1998.

4.12 Important circulars - Where non-residents are deputed to work in India and taxes are borne by the employer, if any refund becomes due to the employee after he has already left India and has no bank account in India by the time the assessment orders are passed, the refund can be issued to the employer as the tax has been borne by it : Circular No. 707, dated 11-7-1995.

4.13 TDS certificates issued by Central Government departments which are making payments by book adjustment, should be accepted by the Assessing Officers if they indicate that credit has been effected to the Income-tax Department by book adjustment and the date of such adjustment is given therein. In such cases, the Assessing Officers may not insist on details like challan numbers, dates of payment into Government Account etc., but they should in any case satisfy themselves regarding the genuineness of the certificates produced before them : Circular No., 747 dated 27-12-1996.

4.14 There is a specific procedure laid down for refund of payments made by the deductor in excess of taxes deducted at source, vide Circular No. 285, dated 21-10-1980.

4.15 In respect of non-residents, the salary paid for services rendered in India shall be regarded as income earned in India. It has been specifically provided in the Act that any salary payable for rest period or leave period which is both preceded or succeeded by service in India and forms part of the service contract of employment will also be regarded as income earned in India.

Estimation of income under the head “Salaries”

5.1 Income chargeable under the head “Salaries” - (1) The following income shall be chargeable to income-tax under the head “Salaries”:

(a) any salary due from an employer or a former employer to an assessee in the previous year, whether paid or not;

(b) any salary paid or allowed to him in the previous year by or on behalf of an employer or a former employer though not due or before it became due to him;

(c) any arrears of salary paid or allowed to him in the previous year by or on behalf of an employer or a former employer, if not charged to income-tax for any earlier previous year.

(2) For the removal of doubts, it is clarified that where any salary paid in advance is included in the total income of any person for any previous year it shall not be included again in the total income of the person when the salary becomes due. Any salary, bonus, commission or remuneration, by whatever name called, due to, or received by, a partner of a firm from the firm shall not be regarded as “Salary”.

Definition of ‘Salary’ :

(3) “Salary” includes wages, fees, commissions, perquisites, profits in lieu of, or, in addition to salary, advance of salary, annuity or pension, gratuity, payments in respect of encashment of leave etc. It also includes the annual accretion to the employee’s account in a recognized provident fund to the extent it is chargeable to tax under rule 6 of Part A of the Fourth Schedule of the Income-tax Act. Contributions made by the employer to the account of the employee in a recognized provident fund in excess of 12% of the salary of the employee, along with interest applicable, shall be included in the income of the assessee for the previous year. Other times included in salary, profits in lieu of salary and perquisites are described in section 17 of the Income-tax Act. The scope of the term profit in lieu of salary has been amended so as not to include interest on contributions or any sum received under a Keyman Insurance Policy including the sum allocated by way of bonus on such policy. For the purposes of this sub-clause, the expression Keyman Insurance Policy shall have the meaning assigned to it in clause (10D) of section 10. It may be noted that, since salary includes pensions, tax at source would have to be deducted from pension also, if otherwise called for. However, no tax is required to be deducted from the commuted portion of pension as explained in clause (3) of para 5.2 of this circular.

(4) Section 17 defines the terms “salary”, “perquisite” and “profits in lieu of salary”.

Perquisite includes:

(a) The value of rent free accommodation provided to the employee by his employer;

(b) The value of any concession in the matter of rent in respect of any accommodation provided to the employee by his employer;

(c) The value of any benefit or amenity granted or provided free of cost or at concessional rate in any of the following cases:

(i) By a company to an employee who is a director of such company;

(ii) By a company to an employee who has a substantial interest in the company;

(iii) By an employer (including a company) to an employee, who is not covered by (i) or (ii) above and whose income under the head “Salaries” (whether due from or paid or allowed by one or more employers), exclusive of the value of all benefits and amenities not provided by way of monetary payment, exceeds Rs. 50,000.

The rules relating to valuation of such benefits and amenities have been prescribed in rule 3. It is further provided that ‘profits in lieu of salary’ shall include amounts received in lump sum or otherwise, prior to employment or after cessation of employment for the purposes of taxation. The rules for valuation of perquisite are as under :—

I. Accommodation - For purpose of valuation of the perquisite of unfurnished accommodation, all employees are divided into two categories: (i) Government and State Government employees; and (ii) Others. For employees of the Central and State Government the value of perquisite shall be equal to the licence fee charged for such accommodation as reduced by the rent actually paid by the employee.

For all others, i.e., those salaried taxpayers not in employment of the Central Government and the State Government, the valuation of perquisite in respect of accommodation would be at prescribed rates. The rate is 10% of “salary” in cities having population exceeding four lakhs as per the 1991 census. For other places, the perquisite value would be 7.5% of salary.

The scope of the word “accommodation” has been widened by clarifying that it includes a house, flat, farm house, hotel accommodation, motel, service apartment guest house, a caravan, mobile home, ship etc. However, the value of any accommodation located in a remote area provided to an employee working at a mining site or an on-shore oil exploration site or a project execution site or an accommodation provided in an off-shore site will not be treated as a perquisite. A project site for the purposes of this sub-rule means a site of project up to the stage of its commissioning. A “remote area” means an area located at least 40 kilometers away from a town having a population not exceeding 20,000 as per the latest published all India census. Off-shore sites of similar nature do not have to meet any requirement of distance.

The definition of “Salary” for calculating perquisite value is the same as per earlier Rules. The only change is that medical allowances and reimbursement for treatment of serious illness as prescribed in the proviso below section 17(2)(vi) have now been excluded from the definition of “salary” for this purpose. For furnished accommodation, the provision of valuation of perquisite of furnishing, fittings and furniture at 10 per cent of original cost per annum or actual hire charges is continued.

In case of employer other than Central and State Government, where accommodation is taken on lease or rent by employer, actual amount of lease rental paid or payable by the employer or 10 per cent of salary whichever is lower, as reduced by the rent, if any, actually paid by the employee, is taken as perquisite.

If an accommodation is provided by an employer in a hotel the value of the benefit in such a case shall be 24 per cent of the annual salary or the actual charges paid or payable to such hotel, whichever is lower, for the period during which such accommodation is provided as reduced by any rent actually paid or payable by the employee. However, where in cases the employee is provided such accommodation for a period not exceeding in aggregate fifteen days on transfer from one place to another, no perquisite value for such accommodation provided in a hotel shall be charged. It may be clarified that while services provided as an integral part of the accommodation, need not be valued separately as perquisite, any other services over and above that for which the employer makes payment or reimburses the employee shall be valued as a perquisite as per the residual clause. In other words, composite tariff for accommodation will be valued as per these Rules and any other charges for other facilities provided by the hotel will be separately valued under the residual clause. Also, if on account of an employee’s transfer from one place to another, the employee is provided with accommodation at the new place of posting while retaining the accommodation at the other place, the value of perquisite shall be determined with reference to only one such accommodation which has the lower value as per the table prescribed in rule 3 of the Income-tax Rules, for a period up to 90 days. However, after that the value of perquisite shall be charged for both accommodations as prescribed.

II. Motor car :

(a) Where the motor car is owned or hired by the employer and is used wholly and exclusively in the performance of his official duties, no perquisite arises in the hands of the employee, subject to maintenance of documents as prescribed in sub-para (f) below. No perquisite arises even if the motor car is owned by the employee himself but the actual running and maintenance charges (including remuneration of the chauffeur, if any) are reimbursed to him by the employer, provided that the motor car is used wholly and exclusively for official purposes and the documents as prescribed in sub-para (f) below are maintained.

(b) Where the motor car is owned or hired by the employer and is used exclusively for the private or personal purpose of the employee, the value of perquisite would be equal to the actual amount of expenditure incurred by the employer on the running and maintenance of the motor car (including remuneration of the chauffeur, if any), as increased by the amount representing 10 per cent of the actual cost of the motor car on account of normal wear and tear and as reduced by any amount charged from the employee for such use.

(c) Where the motor car is owned by the employee but the actual running and maintenance charges (including remuneration of the chauffeur, if any) are reimbursed to him by the employer and such reimbursement is for the use of the vehicle partly for official and partly for personal or private purposes, the value of perquisite shall be the actual amount of expenditure incurred by the employer as reduced by the amounts specified in column (1) of the Table below.

(d) Where the motor car is owned or hired by the employer and is used partly in the performance of his duties and partly for personal or private purposes, the value of perquisite shall be determined as per the Table below :

Small car (upto 1.6 ltrs. engine capacity)

Large car (above 1.6 ltrs. engine capacity)

If chauffeur provided by employer to run the motor car, an additional amount as below is also charged

(i)

Car owned/hired by employer and expenses on maintenance and running are met or reimbursed by the employer

Rs. 1200 per

month

Rs. 1600 per

month

Rs. 600 per

month

(ii)

Car owned/hired by employer but the expenses on running and maintenance for such private or personal use are fully met by the employee.

Rs. 400 per

month

Rs. 600 per

month

Rs. 600 per

month

(e) However, where a second or additional cars are provided, such other cars shall be deemed to be for exclusively personal use and the value of perquisite shall be computed accordingly.

(f) In a situation described in para (c) above, if it is claimed that the expenses on running and maintenance of the motor car for official purposes are higher than the amount mentioned in Column (1) of the Table above, such higher amount can be claimed as a deduction from the actual amount of expenditure incurred by the employer, subject to the fulfilment of the following conditions:

(i) the employer has maintained complete details of journeys undertaken for official purpose which may include date of journey, destination, mileage and the amount of expenditure incurred thereon; and

(ii) the employer gives a certificate that the expenditure was incurred wholly and exclusively for the performance of his official duties.

III. Personal attendants etc. : The old rules provided for valuation of perquisite of free services of a sweeper, a gardener and a watchman at Rs. 120 per month. Under the new rules, the value of free service of all personal attendants including a sweeper, gardener, and a watchman is to be at actual cost to the employer. Where the attendant is provided at the residence of the employee, full cost will be taxed as perquisite in the hands of the employee irrespective of the decree of personal service rendered to him. Any amount paid by the employee for such facilities or services shall be reduced from the above amount.

IV. Gas, electricity & water : For free supply of gas, electricity and water for household consumption, the rules provide that the amount paid by the employer to the agency supplying the amenity shall be the value of perquisite. However, when the supply is made from employer’s own resources, under the old rules the value of perquisite was taken as Nil. There was also a separate provision in the old rules for valuation at 6.25 per cent of salary of the taxpayer for part official use. This has been discontinued. Under the new rules even where the supply is made from the employer’s own resources, the manufacturing cost per unit incurred by the employer would be the value of perquisite. Any amount paid by the employee for such facilities or services shall be reduced from the above amount.

V. Free or concessional education : The old rules already provide that value of free education facility would be the expenditure incurred by the employer. Under the new rules free or concessional education shall be valued in a manner assuming that such expenses are borne by the employee, and would cover cases where an employer may be running, maintaining or directly or indirectly financing the educational institution. Any amount paid by the employee for such facilities or services shall be reduced from the above amount. However, where such educational institution itself is maintained and owned by the employer or where such free educational facilities are provided in any institution by reason of his being in employment of that employer, the value of the perquisite to the employee shall be determined with reference to the cost of such education in a similar institution in or near the locality if the cost of such education or such benefit per child exceeds Rs. 1000 p.m.

VI. Free or concessional journeys : The perquisite value of free or concessional journeys provided by an employer engaged in carriage of passengers or goods shall be taken as the value at which such benefit or amenity is offered by such undertaking to the public, as reduced by any amount actually paid by the employee. The conveyance may be owned, leased or made available by any other arrangement by the employer. However, no perquisite on account of free or concessional journeys arises in the case of the employees of an airline or the Railways. Journey tickets for leave travel, tours and transfers which are already exempt under section 10(5) and 10(14) would continue to be exempt.

VII. Interest free or concessional loans : It is common practice particularly in financial institutions to provide interest free or concessional loans to employees. The value of such perquisite would be the excess of interest payable at prescribed interest rate over interest if any actually paid by the employee. The prescribed interest rate would now be 10 per cent per annum for loans for housing and conveyance and 13 per cent per annum for other loans. Perquisite value would be calculated on the basis of the maximum outstanding monthly balance by the simple interest method. For valuing perquisites under this rule, any other method of calculation and adjustment otherwise adopted by the employer shall not be relevant. The concessional rate of interest of 10 per cent is applicable only in respect of such housing or conveyance loans which have been used for “acquiring capital assets” i.e., house or conveyance, as the case may be, and not for repairs thereof. In case of loans taken for repairs, renovations etc., the higher interest rate of 13 per cent would be applicable for calculation of perquisite.

Small loans up to Rs. 20,000 in the aggregate are exempt. Loans for medical treatment specified in rule 3A are also exempt, provided the amount of loan for medical reimbursement is not reimbursed under any medical insurance scheme. Where any medical insurance reimbursement is received, the perquisite value at the rate of 13 per cent shall be charged from the date of reimbursement on the amount reimbursed, but not repaid against the outstanding loan taken specifically for this purpose.

VIII. Travelling, touring, accommodation and other holiday expenses : It is increasingly common for employees to be provided with vacation and holiday facilities. The value of such perquisite shall be the expenditure incurred by the employer. This would also apply to official tours extended as a vacation and family members accompanying taxpayers on official tours. However, leave travel as per section 10(5) and enjoyment of holiday home facilities available uniformly to all classes of employees would remain exempt.

IX. Free meals : The provision of free meals varies widely from uniform canteen food, coupons etc. to lavish hotel meals. The scheme of free meals as a staff welfare measure had been recognized and was admissible up to Rs. 35 for each meal. The new rule does not treat as perquisite free meals if the cost per meal does not exceed Rs. 50. Where any amount is recovered from the employee, such amount shall be reduced from the value of perquisite. Such free or subsidised meal should however be provided at office premises or though non-transferable vouchers meant for only meals during working hours. These vouchers should be provided by employers encashable only at an eatery, restaurant or a cafe. Tea or similar non-alcoholic beverages and snacks - in the form of light refreshments during working hours are not charged as perquisite. Also, arrangements for meals in ‘remote areas’ as prescribed in para 5.1(I) and similar off-shore sites as specified, shall be exempt. However, expenditure on provision of free meals by the employer in excess of Rs. 50 should be treated as perquisite, as reduced by recoveries made from the employee.

X. Gift, voucher or token in lieu of gift : The value of any gift, or voucher, or token in lieu of which such gift may be received by the employee or by member of his household on ceremonial occasions or otherwise shall be determined as the sum equal to the amount of such gift. However, where the value of such gift, voucher or token, as the case may be, is below Rs. 5,000 in the aggregate during the previous year, the value of perquisite shall be taken as nil.

XI. Credit card & club expenses : Credit card expenses of employees both business and personal, are often borne by employers. Such credit card payments would ordinarily be chargeable to tax as a perquisite. However, these expenses are often incurred to entertain customers and clients for the purposes of business. Therefore, where such expenses on entertainment including meals are for purposes of business and proper records for the same are maintained no perquisite would arise.

Club expenses of employees borne by employers are charged as perquisite in terms of section 17(2)(iv). It has been specifically provided in the rules that annual and periodical club fees paid by the employer will be chargeable as perquisite. However, to ensure that basic facilities for the health and recreation of employees are not hit, health clubs, sports facilities, etc. provided uniformly to all classes of employees by the employer at the employer’s premises are exempt. The initial one time deposit or fees for corporate or institutional membership, where the benefit does not remain with the employee after cessation of employment, are exempt. Where such expenses on entertainment including meals are for purposes of business and proper records for the same are maintained no perquisite would arise.

For credit card and club expenses to be exempt for business purposes, the following documentation needs to be maintained by the employer :

(a) complete details in respect of such expenditure including the date of expenditure and the nature of expenditure;

(b) a certificate by employer to the employee to the effect that the same was incurred wholly and exclusively for the performance of official duties.

XII. Use of assets : It is common practice for an asset owned by the employer to be used by the employee. This perquisite is to be charged at the rate of 10 per cent of the original cost of the asset as reduced by any charges recovered from the employee for such use. However, the user of Computers and Laptops would not give rise to any perquisite.

XIii. Transfer of assets : Often an employee or member of his household benefits from the transfer of movable asset (not being shares or securities) at no cost or at a cost less than its market value from the employer. The difference between the original cost of the movable asset (not being shares or securities) and the sum, if any, paid by the employee, shall be taken as the value of perquisite. In case of a movable asset, which has already been put to use, the original cost shall be reduced by a sum of 10 per cent of such original cost for every completed year of use of the asset. Owing to a higher degree of obsolescence, in case of computers and electronic gadgets, however, the value of perquisite shall be worked out by reducing 50 per cent of the actual cost by the reducing balance method for each completed year of use. Electronic gadgets in this case means data storage and handling devices like computer, digital diaries and printers. They do not include household appliance (i.e., white goods) like washing machines, microwave ovens, mixers, hot plates, ovens etc. Similarly, in case of cars, the value of perquisite shall be worked out by reducing 20% of its actual cost by the reducing balance method for each completed year of use.

XIV Employee Stock Option Plan - Prior to Finance Act, 2000, stock options were taxed at two stages i.e., as perquisite (on the amount representing the difference between the exercise price and the fair market value on the date of exercise), and as capital gains at the time of transfer of the same. With effect from 1-4-2001 (relevant to assessment year 2001-2002) onward, stock options issued as per guidelines of the Central Government are to be taxed only once, at the time of sale, as capital gains. In cases, where perquisite has been assessed with reference to exercise of the option by the employee under section 17(2), the fair market value at the time of exercise of the option shall be the cost of acquisition of share for working out the capital gains. The relevant guidelines of the Central Government have been issued vide Notification No. 1021(E), dated 11-10-2001. Stock options not in conformity with the above guidelines (non-qualified stock options) shall continue to be taxed at both the stages.

XV Residual clause - A benefit or amenity not included in the rules shall be valued at the cost under an arm’s-length transaction to the employer where the employer pays for the benefit or amenity. However, the benefit of conveyance to and from residence to place of work, periodicals and journals required for discharge of work and expenses on telephones including a mobile phone shall not be included in calculating perquisite value.

It is pertinent to mention that benefits specifically exempt under section 10(13A), 10(5), 10(14), 17 etc. would continue to be exempt. These include benefits like travel on tour and transfer, leave travel, daily allowance to meet tour expenses as prescribed, medical facilities subject to conditions.

5.2 Incomes not included in the head “Salaries” (Exemptions) - Any income falling within any of the following clauses shall not be included in computing the income from salaries for the purpose of section 192 of the Act:—

(1) The value of any travel concession or assistance received by or due to an employee from his employer or former employer for himself and his family, in connection with his proceeding (a) on leave to any place in India or (b) on retirement from service, or, after termination of service to any place in India is exempt under clause (5) of section 10 subject, however, to the conditions prescribed in rule 2B of the Income-tax Rules, 1962.

For the purpose of this clause, “family” in relation to an individual means:

(i) The spouse and children of the individual; and

(ii) The parents, brothers and sisters of the individual or any of them, wholly or mainly dependent on the individual.

It may also be noted that the amount exempt under this clause shall in no case exceed the amount of expenses actually incurred for the purpose of such travel.

(2) Death-cum-retirement gratuity or any other gratuity which is exempt to the extent specified from inclusion in computing the total income under clause (10) of section 10.

(3) Any payment in commutation of pension received under the Civil Pension (Commutation) Rules of the Central Government or under any similar scheme applicable to the members of the civil services of the Union, or holders of civil posts/posts connected with defence, under the Union, or civil posts under a State, or to the members of the All India Services/Defence Services, or, to the employees of a local authority or a corporation established by a Central, State or Provincial Act, is exempt under sub-clause (i) of clause (10A) of section 10. As regards payments in commutation of pension received under any scheme of any other employer, exemption will be governed by the provisions of sub-clause (ii) of clause (10A) of section 10.

(4) Any payment received by an employee of the Central Government or a State Government, as cash-equivalent of the leave salary in respect of the period of earned leave at his credit at the time of his retirement on superannuation or otherwise, is exempt under sub-clause (i) of clause (10AA) of section 10. In the case of other employees, this exemption will be determined with reference to the leave to their credit at the time of retirement on superannuation, or otherwise, subject to a maximum of ten months’ leave. This exemption will be further limited to the maximum amount specified by the Government of India Notification No. S.O. 588(E), dated 31-5-2002 at Rs. 3,00,000 in relation to such employees who retire, whether on superannuation or otherwise, after 1-4-1998.

(5) Under section 10(10B), the retrenchment compensation received by a workman is exempt from income-tax subject to certain limits. The maximum amount of retrenchment compensation exempt is the sum calculated on the basis provided in section 25F(b) of the Industrial Disputes Act, 1947 or any amount not less than Rs. 50,000 as the Central Government may by notification specify in the Official Gazette, whichever is less. These limits shall not apply in the case where the compensation is paid under any scheme which is approved in this behalf by the Central Government, having regard to the need for extending special protection to the workmen in the undertaking to which the scheme applies and other relevant circumstances. The maximum limit of such payment is Rs. 5,00,000 where retrenchment is on or after 1-1-1977.

(6) Under section 10(10C), any payment received or receivable (even if received in instalments) by an employee of the following bodies at the time of his voluntary retirement or termination of his service, in accordance with any scheme or schemes of voluntary retirement or in the case of public sector company, a scheme of voluntary separation, is exempted from income-tax to the extent that such amount does not exceed five lakh rupees:

(a) A public sector company;

(b) Any other company;

(d) A local authority;

(e) A co-operative society;

(f) A university established or incorporated or under a Central, State or Provincial Act, or, an Institution declared to be a University under section 3 of the University Grants Commission Act, 1956;

(g) Any Indian Institute of Technology within the meaning of clause (g) of section 3 of the Institute of Technology Act, 1961;

(h) Such Institute of Management as the Central Government may by notification in the Official Gazette, specify in this behalf.

It may also be noted that where this exemption has been allowed to any employee for any assessment year, it shall not be allowed to him for any other assessment year. The exemption of amount received under VRS has been extended to employees of the Central Government and State Government employees and employees of notified institutions having importance throughout India or any State or States.

(7) Any sum received under a Life Insurance Policy, including the sum allocated by way of bonus on such policy other than:

(i) any sum received under sub-section (3) of section 80DD or sub-section (3) of section 80DDA or,

(ii) any sum received under Keyman Insurance Policy or,

(iii) any sum received under an insurance policy issued on or after 1-4-2003 in respect of which the premium payable for any of the years during the term of the policy exceeds 20 per cent of the actual capital sum assured. However, any sum received under such policy on the death of a person would still be exempt.

(8) Any payment from a Provident Fund to which the Provident Funds Act, 1925 (19 of 1925), applies (or from any other provident fund set up by the Central Government and notified by it in this behalf in the Official Gazette).

(9) Under section 10(13A) of the Income-tax Act, 1961, any special allowance specifically granted to an assessee by his employer to meet expenditure incurred on payment of rent (by whatever name called) in respect of residential accommodation occupied by the assessee is exempt from Income-tax to the extent as may be prescribed, having regard to the area or place in which such accommodation is situated and other relevant considerations. According to rule 2A of the Income-tax Rules, 1962, the quantum of exemption allowable on account of grant of special allowance to meet expenditure on payment of rent shall be :

(a) The actual amount of such allowance received by an employer in respect of the relevant period; or

(b) The actual expenditure incurred in payment of rent in excess of 1/10 of the salary due for the relevant period; or

(c) Where such accommodation is situated in Bombay, Calcutta, Delhi or Madras, 50% of the salary due to the employee for the relevant period; or

(d) Where such accommodation is situated in any other place, 40% of the salary due to the employee for the relevant period, whichever is the least.

For this purpose, “Salary” includes dearness allowance, if the terms of employment so provide, but excludes all other allowances and perquisites.

It has to be noted that only the expenditure actually incurred on payment of rent in respect of residential accommodation occupied by the assessee subject to the limits laid down in rule 2A, qualifies for exemption from income-tax. Thus, house rent allowance granted to an employee who is residing in a house/flat owned by him is not exempt from income-tax. The disbursing authorities should satisfy themselves in this regard by insisting on production of evidence of actual payment of rent before excluding the house rent allowance or any portion thereof from the total income of the employee.

Though incurring actual expenditure on payment of rent is a pre-requisite for claiming deduction under section 10(13A), it has been decided as an administrative measures that salaried employees drawing house rent allowance up to Rs. 3000 per month will be exempted from production of rent receipt. It may, however, be noted that this concession is only for the purpose of tax deduction at source, and, in the regular assessment of the employee, the Assessing Officer will be free to make such enquiry as he deems fit for the purpose of satisfying himself that the employee has incurred actual expenditure on payment of rent.

(10) Clause (14) of section 10 provides for exemption of the following allowances :

(i) Any special allowance or benefit granted to an employee to meet the expenses incurred in the performance of his duties as prescribed under rule 2BB subject to the extent to which such expenses are actually incurred for that purpose.

(ii) Any allowance granted to an employee either to meet his personal expenses at the place of his posting or at the place he ordinarily resides or to compensate him for the increased cost of living, which may be prescribed and to the extent as may be prescribed.

However, the allowance referred to in (ii) above should not be in the nature of a personal allowance granted to the assessee to remunerate or compensate him for performing duties of a special nature relating to his office or employment unless such allowance is related to his place of posting or residence.

The CBDT has prescribed guidelines for the purpose of clauses (i) and (ii) of section 10(14) vide notification No. SO 617(E), dated 7th July, 1995 (F.No.142/9-95-TPL) which has been amended vide Notification No. SO 403(E), dated 24-4-2000 (F.No. 142/34/99-TPL). The transport allowance granted to an employee to meet his expenditure for the purpose of commuting between the place of his residence and the place of duty is exempt to the extent of Rs. 800 per month vide Notification No. SO 395(E), dated 13-5-1998.

(11) Under section 10(15)(iv)(i) of the Income-tax Act, interest payable by the Government on deposits made by an employee of the Central Government or a State Government or a public sector company from out of his retirement benefits, in accordance with such scheme framed in his behalf by the Central Government and notified in the Official Gazette is exempt from income-tax. By Notification No. F.2/14/89-NS-II, dated 7-6-1989, as amended by Notification No. F.2/14/1989-NS-II, dated 12-10-1989, the Central Government has notified a scheme called Deposit Scheme for Retiring Government Employees, 1989 for the purpose of the said clause.

(12) Clause (18) of section 10 provides for exemption of any income by way of pension received by an individual or family pension received by any member of the family of an individual who has been in the service of the Central Government or State Government and has been awarded “Param Vir Chakra” or “Maha Vir Chakra” or “Vir Chakra” or such other gallantry award as may be specifically notified by the Central Government. Such notification has been made vide Notification Nos. S.O. 1948(E), dated 24-11-2000 and 81(E), dated 29-1-2001 which are enclosed as per Annexures IV and IVA.

(13) Under section 17 of the Act, exemption from tax will also be available in respect of :—

(a) the value of any medical treatment provided to an employee or any member of his family, in any hospital maintained by the employer;

(b) any sum paid by the employer in respect of any expenditure actually incurred by the employee on his medical treatment or of any member of his family :

(i) in any hospital maintained by the Government or any local authority or any other hospital approved by the Government for the purposes of medical treatment of its employees;

(ii) in respect of the prescribed diseases or ailments as provided in rule 3A(2) of Income-tax Rules, 1962, in any hospital approved by the Chief Commissioner having regard to the prescribed guidelines as provided in rule 3A(1) of I.T. Rules, 1962 :

In a case falling in sub-clause (ii) above, the employee shall attach with his return of income a certificate from the hospital specifying the disease or ailment for which medical treatment was required and the receipt for the amount paid to the hospital.

(c) premium paid by the employer in respect of medical insurance taken for his employees (under any scheme approved by the Central Government) or reimbursement of insurance premium to the employees who take medical insurance for themselves or for their family members (under any scheme approved by the Central Government);

(d) reimbursement, by the employer, of the amount spent by an employee in obtaining medical treatment for himself or any member of his family from any doctor, not exceeding in the aggregate Rs. 15,000 in a year.

(e) as regards medical treatment abroad, the actual expenditure on stay and treatment abroad of the employee or any member of his family, or, on stay abroad of one attendant who accompanies the patient, in connection with such treatment, will be excluded from perquisites to the extent permitted by the Reserve Bank of India. It may be noted that the expenditure incurred on travel abroad by the patient/attendant, it shall be excluded from perquisites only if the employee’s gross total income, as computed before including the said expenditure, does not exceed Rs. 2 lakhs.

For the purpose of availing exemption on expenditure incurred on medical treatment “hospital” includes a dispensary or clinic or nursing home. “Family” in relation to an individual means the spouse and children of the individual. Family also includes parents, brothers and sisters of the individual if they are wholly or mainly dependant on the individual.

5.3 Deductions under section 16 of the Act (Standard deduction) - Under section 16 of the Income-tax Act, the standard deduction available is as under :

In the case of an assessee whose income from salary, before allowing a deduction under this clause :

(a) does not exceed five lakh rupees, a deduction of a sum equal to forty per cent of the salary or thirty thousand rupees, whichever is less;

(b) exceeds five lakh rupees, a deduction of a sum of twenty thousand rupees.

It is clarified that where salary is due from, or paid or allowed by, more than one employer, the deduction under this clause shall be computed with reference to the aggregate salary due, paid or allowed to the assessee and shall, in no case, exceed the amount specified under this clause.

Entertainment allowance : A deduction is also allowed under clause (ii) of section 16 in respect of any allowance in the nature of an entertainment allowance specifically granted to the assessee by an employer, who is in receipt of a salary from the Government, a sum equal to one-fifth of his salary (exclusive of any allowance, benefit or other perquisite) or five thousand rupees whichever is less. The deduction hitherto available to non-Government employees has been withdrawn.

Tax on employment : The tax on employment within the meaning of clause (2) of article 276 of the Constitution of India, leviable by or under any law, shall also be allowed as a deduction in computing the income under the head “Salaries”.

5.4 Deduction under Chapter VI-A of the Act - The following deductions under Chapter VI-A of the Act are available :

(1) As per section 80CCC, where an assessee being an individual has in the previous year paid or deposited any amount out of his income chargeable to tax to effect or keep in force a contract for any annuity plan of Life Insurance Corporation of India or any other insurer for receiving pension from the Fund referred to in clause (23AAB) of section 10, he shall, in accordance with, and subject to the provisions of this section, be allowed a deduction in the computation of his total income, of the whole of the amount paid or deposited (excluding interest or bonus accrued or credited to the assessee’s account, if any) as does not exceed the amount of ten thousand rupees in the previous year.

Where any amount paid or deposited by the assessee has been taken into account for the purposes of this section, a rebate with reference to such amount shall not be allowed under section 88.

(2) Under section 80D, in the case of the following categories of persons, a deduction can be allowed for a sum not exceeding Rs. 10,000 per annum to the extent payment is made by cheque out of their income chargeable to tax to keep in force an insurance on the health of the categories of persons mentioned below provided that such insurance shall be in accordance with a scheme framed in this behalf by—

(a) the General Insurance Corporation of India formed under section 9 of the General Insurance Business (Nationalisation) Act, 1972 and approved by the Central Government in this behalf; or

(b) any other insurer and approved by the Insurance Regulatory and Development Authority established under sub-section (1) of section 3 of the Insurance Regulatory and Development Authority Act, 1999.

The categories of persons are :

(a) where the assessee is an individual, any sum paid to effect or to keep in force an insurance on the health of the assessee or on the health of the wife or husband, dependent parents or dependent children of the assessee,

(b) where the assessee is a Hindu undivided family, any sum paid to effect or to keep in force an insurance on the health of any member of the family.

However, the deduction can be allowed for a sum not exceeding Rs. 15,000 per annum where the assessee or his wife or husband, or dependent parents or any member of the family (in case the assessee is a Hindu undivided family) is a senior citizen which means an individual resident in India who is of the age of sixty-five years or more at any time during the relevant previous year.

(3) Under section 80DD, where an assessee, who is a resident in India, has, during the previous year,—

(a) incurred any expenditure for the medical treatment (including nursing), training and rehabilitation of a dependant, being a person with disability; or

(b) paid or deposited any amount under a scheme framed in this behalf by the Life Insurance Corporation or any other insurer or the Administrator or the specified company subject to the conditions specified in this regard and approved by the Board in this behalf for the maintenance of a dependant, being a person with disability,

the assessee shall be allowed a deduction of a sum of fifty thousand rupees from his gross total income of that year, subject to the conditions listed below :

However, where such dependant is a person with severe disability, an amount of seventy-five thousand rupees shall be allowed as deduction subject to the specified conditions.

The deduction under this section shall be allowed only if the following conditions are fulfilled :—

A. (i) the scheme referred to in clause (b) above provides for payment of annuity or lump sum amount for the benefit of a dependant, being a person with disability, in the event of the death of the individual in whose name subscription to the scheme has been made;

(ii) the assessee nominates either the dependant, being a person with disability, or any other person or a trust to receive the payment on his behalf, for the benefit of the dependant, being a person with disability.

However, if the dependant, being a person with disability, predeceases the assessee, an amount equal to the amount paid or deposited under sub-para (3)(b) above shall be deemed to be the income of the assessee of the previous year in which such amount is received by the assessee and shall accordingly be chargeable to tax as the income of that previous year.

B. The assessee, claiming a deduction under this section, shall furnish a copy of the certificate issued by the medical authority in the prescribed form and manner, along with the return of income under section 139, in respect of the assessment year for which the deduction is claimed :

In cases where the condition of disability requires reassessment of its extent after a period stipulated in the aforesaid certificate, no deduction under this section shall be allowed for any subsequent period unless a new certificate is obtained from the medical authority in the prescribed form and manner and a copy thereof is furnished along with the return of income.

For the purposes of section 80DD,—

(a) “Administrator” means the Administrator as referred to in clause (a) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002)

(b) “dependant” means—

(i) in the case of an individual, the spouse, children, parents, brothers and sisters of the individual or any of them;

(ii) in the case of a Hindu undivided family, a member of the Hindu undivided family,

dependant wholly or mainly on such individual or Hindu undivided family for his support and maintenance, and who has not claimed any deduction under section 80U in computing his total income for the assessment year relating to the previous year;

(d) “Life Insurance Corporation” shall have the same meaning as in clause (iii) of sub-section (8) of section 88;

(g) “person with severe disability” means a person with eighty per cent or move of one or more disabilities, as referred to in sub-section (4) of section 56 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);

(h) “specified company” means a company as referred to in clause (h) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002).

(4) Under section 80E of the Act a deduction will be allowed in respect of repayment of loan taken for higher education, subject to the following conditions :

(i) In computing the total income of an assessee, being an individual, there shall be deducted, in accordance with and subject to the provisions of this section, any amount paid by him in the previous year, out of his income chargeable to tax, by way of repayment of loan, taken by him from any financial institution or any approved charitable institution for the purpose of pursuing his higher education, or interest on such loan :

Provided that the amount which may be so deducted shall not exceed forty thousand rupees.

(ii) The deduction specified above shall be allowed in computing the total income in respect of the initial assessment year and seven assessment years,

immediately succeeding the initial assessment year or until the loan referred to above together with interest thereon is paid by the assessee in full, whichever is earlier.

For this purpose—

(a) “approved charitable institution” means an institution established for charitable purposes and notified by the Central Government under clause (2C) of section 10, or, an institution referred to in clause (a) of sub-section (2) of section 80G.

(b) “financial institution” means a banking company to which the Banking Regulation Act, 1949 (10 of 1949) applies (including any bank or banking institution referred to in section 51 of that Act); or any other financial institution which the Central Government may, by notification in the Official Gazette, specify in this behalf;

(c) “higher education” means full-time studies for any graduate or post-graduate course in engineering, medicine, management, or, for post-graduate course in applied sciences or pure sciences, including mathematics and statistics;

(d) “initial assessment year” means the assessment year relevant to the previous year, in which the assessee starts repaying the loan or interest thereon.

(5) No deduction should be allowed by the D.D.O. from the salary income in respect of any donations made for charitable purposes. The tax relief on such donations as admissible under section 80G of the Act, will have to be claimed by the tax payer in the return of income. However, D.D.O. on due verification may allow donations to following bodies to the extent of 50% of the contribution :

(i) Jawaharlal Nehru Memorial Fund

(ii) The Prime Minister’s Drought Relief Fund

(iii) The National Children’s Fund

(iv) The Indira Gandhi Memorial Trust

(v) The Rajiv Gandhi Foundation

and to the following bodies to the extent of 100% of the contribution :

(i) National Defence Fund or The Prime Minister’s National Relief Fund

(ii) The Prime Minister’s Armenia Earthquake Relief Fund

(iii) The Africa (Public Contributions - India) Fund

(iv) The National Foundation for Communal Harmony

(v) Chief Minister’s Earthquake Relief Fund - Maharashtra

(vi) National Blood Transfusion Council

(vii) State Blood Transfusion Council

(viii) Army Central Welfare Fund

(ix) Indian Naval Benevolent Fund

(x) Air Force Central Welfare Fund

(xi) The Andhra Pradesh Chief Minister’s Cyclone Relief Fund - 1996

(xii) The National Illness Assistance Fund

(xiii) The Chief Minister’s Relief Fund or Lieutenant Governor’s Relief Fund in respect of any State or Union Territory as the case may be, subject to certain conditions.

(xiv) The university or educational institution of national eminence approved by the prescribed authority.

(xv) The National Sports Fund to be set up by Central Government.

(xvi) The national cultural fund set up by the Central Government.

(xvii) The fund for technology development and application set up by the Central Government.

(xviii) The national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities.

(6) Under section 80GG of the Act an assessee is entitled to a deduction in respect of house rent paid by him for his own residence. Such deduction is permissible subject to the following conditions :—

(a) the assessee has not been in receipt of any house rent Allowance specifically granted to him which qualifies for exemption under section 10(13A) of the Act;

(b) the assessee files the declaration in Form No. 10BA. (Annexure V).

(c) He will be entitled to a deduction in respect of house rent paid by him in excess of 10 per cent of his total income, subject to a ceiling of 25 per cent thereof or Rs. 2,000 per month, whichever is less. The total income for working out these percentages will be computed before making any deduction under section 80GG.

(d) The assessee does not own :

(i) any residential accommodation himself or by his spouse or minor child or where such assessee is a member of a Hindu undivided family, by such family, at the place where he ordinarily resides or performs duties of his office or carries on his business or profession; or

The Drawing and Disbursing Authorities should satisfy themselves that all the conditions mentioned above are satisfied before such deduction is allowed by them to the assessee. They should also satisfy themselves in this regard by insisting on production of evidence of actual payment of rent.

(7) Section 80L of the Income-tax Act allows deduction of interest from certain specified investments including interest on bank deposits and certain securities. A normal deduction of up to Rs. 12,000 may be allowed. An additional deduction of Rs. 3000 for interest on Government securities is separately available.

(8) Under section 80U, in computing the total income of an individual, being a resident, who, at any time during the previous year, is certified by the medical authority to be a person with disability, there shall be allowed a deduction of a sum of fifty thousand rupees.

However, where such individual is a person with severe disability, a higher deduction of seventy-five thousand rupees shall be allowable.

Every individual claiming a deduction under this section shall furnish a copy of the certificate issued by the medical authority in the prescribed form and manner along with the return of income, in respect of the assessment year for which the deduction is claimed.

For the purposes of this section, the expressions “disability”, “medical authority”, “person with disability” and “person with severe disability” shall have the same meaning as given in section 80DD (sub-para (3) of para 5.4 of this Circular).

Tax rebate

6. An assessee, being an individual, will be entitled to tax rebates under Chapter VIII of the Income-tax Act as given below :

(1) Payment of insurance premium to effect or to keep in force an insurance on the life of the individual, the wife or husband or any child of the individual.

(2) Any payment made to effect or to keep in force a contract for a deferred annuity, not being an annuity plan as is referred to in item (8) herein below on the life of the individual, the wife or husband or any child of the individual, provided that such contract does not contain a provision for the exercise by the insured of an option to receive a cash payment in lieu of the payment of the annuity.

(3) Any sum deducted from the salary payable by, or, on behalf of the Government to any individual, being a sum deducted in accordance with the conditions of his service for the purpose of securing to him a deferred annuity or making provision for his wife or children, insofar as the sum deducted does not exceed 1/5th of the salary.

(4) Any contribution made :

(a) by an individual to any Provident Fund to which the Provident Fund Act, 1925 applies;

(b) to any provident fund set up by the Central Government, and notified by it in this behalf in the Official Gazette, where such contribution is to an account standing in the name of an individual, or a minor, or of whom he is a guardian;

(d) by an employee to an approved superannuation fund;

It may be noted that “contribution” to any Fund shall not include any sums in repayment of loan.

(5) Any deposit in a ten year account or a fifteen year account under the Post Office Savings Bank (Cumulative Time Deposit) Rules, 1959, as amended from time to time, where such sums are deposited in an account standing in the name of an individual, or a minor, or of whom he is the guardian.

(6) Any subscription :

(a) to any such security of the Central Government or any such deposit scheme as the Central Government may, by notification in the Official Gazette, specify in this behalf;

(b) to any such saving certificates as defined under section 2(c) of the Government Saving Certificate Act, 1959 as the Government may, by notification in the Official Gazette, specify in this behalf. Interest on NSC (VI Issue) and NSC (VIII Issue) which is deemed investment also qualifies for the rebate.

(7) Any sum paid as contribution in the case of an individual, for himself, spouse or any child,—

(a) for participation in the Unit Linked Insurance Plan, 1971 of the Unit Trust of India;

(b) for participation in any Unit-linked Insurance Plan of the LIC Mutual Fund notified by the Central Government under clause (23D) of section 10.

(8) Any subscription made to effect or keep in force a contract for such annuity plan of the Life Insurance Corporation as the Central Government may by notification in the Official Gazette, specify.

(9) Any subscription not exceeding rupees ten thousand, made to any units of any Mutual Fund, notified under clause (23D) of section 10, by the Unit Trust of India established under the Unit Trust of India Act, 1963, under any plan formulated in accordance with any scheme as the Central Government, may, by notification in the Official Gazette, specify in this behalf;

(10) Any contribution made by an individual to any pension fund set up by any Mutual Fund notified under clause (23D) of section 10, or, by the Unit Trust of India established under the Unit Trust of India Act, 1963, as the Central Government may, by notification in the Official Gazette, specify in this behalf.

(11) Any subscription made to any such deposit scheme of, or, any contribution made to any such pension fund set up by, the National Housing Bank, as the Central Government may, by notification in the Official Gazette, specify in this behalf.

(12) Any subscription made to any such deposit scheme (not being a scheme the interest on deposits whereunder qualifies for deduction under section 80L), as the Central Government may, by notification in the Official Gazette, specify for the purpose of being floated by (a) public sector companies engaged in providing long-term finance for construction or purchase of houses in India for residential purposes, or, (b) any authority constituted in India by, or, under any law, enacted either for the purpose of dealing with and satisfying the need for housing accommodation or for the purpose of planning, deve-lopment or improvement of cities, towns and villages, or for both.

(13) Any sums paid by an assessee for the purpose of purchase or construction of a residential house property, the income from which is chargeable to tax under the head “Income from house property” (or which would, if it has not been used for assessee’s own residence, have been chargeable to tax under that head) where such payments are made towards or by way of any instalment or part payment of the amount due under any self-financing or other scheme of any Development Authority, Housing Board etc. The deduction will also be allowable in respect of repayment of loans borrowed by an assessee from the Government, or any bank or Life Insurance Corporation, or National Housing Bank, or certain other categories of institutions engaged in the business of providing long term finance for construction or purchase of houses in India. Any repayment of loan borrowed from the employer will also be covered, if the employer happens to be a public company, public sector company or a university established by law or a college affiliated to such university, or a local authority or a cooperative society. The stamp duty, registration fee and other expenses incurred for the purpose of transfer shall also be covered. Payment towards the cost of house property, however, will not include, admission fee or cost of share or initial deposit or the cost of any addition or alteration to, or, renovation or repair of the house property which is carried out after the issue of the completion certificate by competent authority, or after the occupation of the house by the assessee or after it has been let out. Payments towards any expenditure in respect of which the deduction is allowable under the provisions of section 24 of the Income-tax Act will also not be included in payments towards the cost of purchase or construction of a house property. Where the house property in respect of which deduction has been allowed under these provisions is transferred by the taxpayer at any time before the expiry of five years from the end of the financial year in which possession of such property is obtained by him or he receives back, by way of refund or otherwise, any sum specified in section 88(2)(xv), no deduction under these provisions shall be allowed in respect of such sums paid in such previous year in which the transfer is made and the aggregate amount of deduction of income-tax so allowed in the earlier years shall be added to the tax on the total income of the assessee with which he is chargeable for such assessment year. It may be noted that the amount which will qualify for tax rebate in respect of this item will not exceed Rs. 20,000.

(14) Tuition fees, whether at the time of admission or thereafter, paid to any university, college, school or other educational institution situated in India, for the purpose of full-time education of any two children of the employee.

It is clarified that any payment towards any development fees or donation or payment of similar nature does not qualify for rebate under these provisions.

(15) Subscription to equity shares or debentures forming part of any eligible issue of capital made by a public company or by any public finance institution, which is approved by the Board.

(16) Subscription to any units of any mutual fund referred to in clause (23D) of section 10 and approved by the Board for this purpose.

(17) Total amount qualifying for rebate under section 88 - There is an overall limit of Rs. 1,00,000 invested in various items mentioned in sub-paras (1) to (16) of para 6, which qualifies for rebate under section 88. Out of this, amounts invested in items mentioned in sub-paras (1) to (14) can be up to a maximum of Rs. 70,000. Further, instalments paid towards purchase or construction of a residential house, as discussed in sub-para (13) would qualify for rebate only with respect to a maximum amount of Rs. 20,000. Moreover, the qualifying amount for rebate for tuition fees paid, as discussed in sub-para (14) would not exceed an amount of Rs. 12,000 per child.

It is further provided that the amount of premium or other payment made on an insurance policy [other than a contract for deferred annuity mentioned in sub-para (2)] shall be eligible for rebate only to the extent of 20 per cent of the actual capital sum assured. In calculating any such actual capital sum, the following shall not be taken into account :

(i) the value of any premiums agreed to be returned, or

(ii) any benefit by way of bonus or otherwise over and above the sum actually assured which may be received under the policy.

Investments in various items mentioned under para 6 can be made at any time during the year. The rebate under section 88 would be allowed on such aggregate amount, which does not exceed the total income of the relevant financial year.

(18) Rate of rebate under section 88 - A graded system of tax rebate under section 88 has been introduced by the Finance Act, 2002. The tax rebate on the qualifying amount shall now be computed at the following rates :—

	Nature and level of income	%age of sums invested to be allowed as rebate
1.	Where the gross total income does not exceed Rs. 1,50,000	20%
2.	Where the gross total income exceeds Rs. 1,50,000 but does not exceed Rs. 5,00,000	15%
3.	Where the gross total income exceeds Rs. 5,00,000	Nil
4.	In case of an individual, where the income under the head “salaries” does not exceed Rs. 1,00,000 (before allowing standard deduction) and is at least 90% of his gross total income.	30%

‘Gross total income’ means the total of incomes under all heads before allowing deductions under Chapter VIA of the Income-tax Act, 1961.

It is further clarified that the income under the head “Salaries” is derived after allowing standard deduction.

The above rates shall be applicable to all individuals including sportsmen, artists, authors, playwrights, etc. Higher rebate earlier allowed to such special category individuals has been withdrawn by the Finance Act, 2002.

(19) Rebate to senior citizens - Under section 88B, an assessee, being an individual resident in India, who is of the age of sixty-five years or more at any time during the previous year shall be entitled to a deduction from the amount of income-tax (as a computed before allowing the deductions under Chapter VIII) on his total income, with which he is chargeable for any assessment year, of an amount equal to one hundred per cent of such income-tax or an amount of twenty-thousand rupees, whichever is less.

(20) Rebate to woman residents - Under section 88C, as inserted by Finance Act, 2000, an assessee, being a woman resident in India, and below the age of sixty-five years, at any time during the previous year, shall be entitled to a deduction from the amount of income-tax (as computed before allowing the deductions under Chapter VIII) on her total income, with which she is chargeable for any assessment year, of an amount equal to hundred percent, of such income-tax or an amount of five thousand rupees, whichever is less.

(21) DDOs to satisfy themselves of the genuineness of claim - The Drawing and Disbursing Officers should satisfy themselves about the actual deposits/subscriptions/payments made by the employees, by calling for such particulars/information as they deem necessary before allowing the aforesaid rebate. In case the DDO is not satisfied about the genuineness of the employee’s claim regarding any deposit/subscription/payment made by the employee, he should not allow the same, and the employee would be free to claim the rebate on such amount by filing his return of income and furnishing the necessary proof etc., therewith, to the satisfaction of the Assessing Officer.

Calculation of income-tax to be deducted

7.1 Salary income for the purpose of section 192 shall be estimated as follow :—

(a) First compute the gross salary as mentioned in para 5.1 excluding all the incomes mentioned in para 5.2.

(b) Allow deductions mentioned in para 5.3 from the figure arrived at (a) above.

(c) Allow deductions mentioned in para 5.4 from the figure arrived at (b) above ensuring that aggregate of the deductions mentioned in para 5.4 does not exceed the figure of (b) and if it exceeds, it should be restricted to that amount.

This will be the amount of income under the head “Salaries” on which income-tax would be required to be deducted. This income should be rounded off to the nearest multiple of ten rupees.

7.2 Income-tax on the estimated income from salary as shown in para 7.1 shall be calculated at the rates given in para 2.

7.3 The amount of tax rebates computed under para 6 shall be deducted from the income-tax calculated according to para 7.2. However, it is to be ensured that the tax rebates given as per para 6 is limited to the income-tax calculated as per para 7.2. Further, tax payable so arrived at shall be increased by surcharge at the prescribed rate to arrive at the total tax payable.

7.4 It is also to be noted that deductions under Chapter VIA of the Act as mentioned in para 5.4 of this Circular are allowed only if the investments or the payments have been made out of the income chargeable to tax during the financial year 2003-04.

7.5 The amount of tax as arrived at para 7.3 should be deducted every month in equal instalments. The net amount of tax deductible should be rounded off to the nearest rupee.

Miscellaneous

8.1 These instructions are not exhaustive and are issued only with a view to help the employers to understand the various provisions relating to deduction of tax from salaries. Wherever there is any doubt, reference may be made to the provisions of the Income-tax Act, 1961, the Income-tax Rules, 1962 and the Finance Act, 2003.

8.2 In case any assistance is required, the Assessing Officer/the local Public Relation Officer of the Income-tax Department may be contacted.

8.3 These instructions may be brought to the notice of all Disbursing Officers and Undertakings including those under the control of the Central/State Governments.

Annexure I

For assessment year 2004-05

Example 1

Calculation of income-tax in the case of an employee having gross salary income of :

(i)	Rs. 1,00,000
(ii)	Rs. 6,00,000 and
(iii)	Rs. 9,00,000

Particulars	(Rupees)	(Rupees)	(Rupees)
	(i)	(ii)	(iii)
Gross salary income	1,00,000	6,00,000	9,00,000
(Including allowances)
Contribution to G.P.F.	10,000	20,000	30,000
Computation of total income and tax payable thereon

Gross Salary	1,00,000	6,00,000	9,00,000
Less : Standard Deduction u/s 16(i)	30,000	20,000	20,000
Taxable Income	70,000	5,80,000	8,80,000
Tax thereon	3,000	1,48,000	2,38,000
Less : Tax rebate u/s 88	3,000	Nil	Nil
Income tax payable	Nil	1,48,000	2,38,000
Add : Surcharge		Nil	23,800
Total Tax payable	Nil	1,48,000	2,61,800

Example 2

Calculation of Income-tax in the case of assessee having handicapped dependent.

	Particulars	(Rupees)
1.	Gross Salary	3,20,000
2.	Amount spent on treatment of a dependent, being person with disability (but not severe disability)	7,000
3.	Amount paid to LIC with regard to annuity for the maintenance of a dependant, being person with disability (but not severe disability)	50,000
4.	GPF Contribution	25,000
5.	LIP Paid	10,000

Computation of Tax

Gross Salary		3,20,000
Less : Standard Deduction		30,000
		2,90,000
Less : Deduction u/s 80DD (Restricted to Rs. 50,000 only)	50,000
Taxable Income		2,40,000
Income tax thereon		46,000
Rebate under section 88
GPF	25,000
LIP	10,000
Total	35,000
Rebate @ 15% on Rs. 35,000		5,250
Tax Payable		40,750
Add : Surcharge		Nil
Total tax payable		40,750

Example 3

Calculation of Income-tax in the case of an employee where medical treatment expenditure was borne by the employer.

	Particulars	(Rupees)
1.	Gross Salary	3,00,000
2.	Medical reimbursement by employer on the treatment of self and dependent family member	30,000
3.	Contribution of GPF	20,000
4.	LIC premium	20,000
5.	Repayment of House Building Advance	25,000
6.	Tuition fees for two children (Rs. 20,000 for one child and Rs. 10,000 for other child)	30,000
7.	Investment infrastructure Bond u/s 88(2)(xvi)	20,000

Computation of tax

Gross Salary		3,00,000
Add : Perquisite in respect of reimbursement of Medical Expenses in excess of Rs. 15,000 in view of sec. 17(2)(v)		15,000
		3,15,000
Less : Standard Deduction		30,000
Taxable Income		2,85,000
Tax thereon		59,500
Rebate u/s 88 :
GPF	20,000
LIC	20,000
Repayment of HBA (Maximum)	20,000
Tuition Fees (Restricted to max. of 12,000 per child or actuals, whichever is lesser)	22,000
Investment in infrastructural Bonds u/s 88(2)(xvi)	20,000
Total	1,02,000
Restricted to Rs. 90,000
(70,000 + 20,000)
Rebate @ 15% on Rs. 90,000		13,500
Tax payable		46,000
Add : Surcharge		Nil
Total Tax Payable		46,000

Example 4

Illustrative calculation of House Rent Allowance u/s 10 (13A) in respect of residential accommodation situated in Delhi

	Particulars:	(Rupees)
1.	Salary	49,500
2.	Dearness Allowance	43,680
3.	House Rent Allowance	9,600
4.	C.C.A.	1,200
5.	House rent paid	18,000
6.	General Provident Fund	24,000
7.	Life Insurance Premium	2,500
8.	Cumulative Time Deposit	2,400
9.	Subscription to Infrastructure Bonds	10,000

Computation of total income and tax payable thereon

			(Rupees)
1.	Salary +D.A. + C.C.A.		94,380
	House Rent Allowance		9,600
2.	Total Salary Income		1,03,980
3.	Less : House Rent Allowance exempt u/s 10(13A) : Least of
	a .Actual amount of HRA received = 9600
	b .Expenditure of rent in excess of 10% of salary
	(including D.A. as presumed that D.A. is taken
	For retirement benefit) (18,000-9,318=8,682)
	c. 50% of Salary (+Basic) Rs. 46,590		8,682
			95,298
	Less : Standard deduction u/s 16(i) @ 40%
	or 30,000 whichever is less		30,000
	Total income (rounded off)		65,300
	Tax on total income		2,060
	Rebate u/s 88
	GPF	24,000
	LIP	2,500
	CTD	2,400
	Subscription to Infrastructure
	Bonds u/s 88(2)(xvi)	10,000
	Total	38,900
	Rebate @ 30%	11,670
	Tax on total income		2,060
	Less : Tax Rebate restricted to Rs. 2,060		2,060
	Tax Payable		Nil

Example 5

Illustrating valuation of perquisite and calculation of tax in the case of an employee of a private company in Mumbai who was provided accommodation in a flat at concessional rate for ten months and in a hotel for two months. Employee owns a car (cubic capacity of engine exceeds 1.6 ltr.) used partly for personal and partly for official work and actual running and maintenance charges including chauffeur’s salary are reimbursed by employer, but no documents are maintained regarding details of journeys—

(Rupees)

1.	Salary	1,08,000
2.	Bonus	12,000
3.	Free gas, electricity, water etc. (Actual bills paid by company)	6,000
4.	(a) Furnished flat provided to the employee for which actual rent paid by the company per annum	78,000
	(b) Hotel rent paid by employer (for two months)	30,000
	(c) Rent recovered from employee	5,000
5.	Car expenses reimbursed	40,200
6.	Furniture at cost	50,000
7.	Subscription to infrastructure bonds u/s 88(2)(xvi)	30,000
8.	Life Insurance Premium	3,000
9.	Subscription to NSC (VIII) Issue	18,000
10.	Contribution to recognised P.F.	24,000

Computation of total income and tax paid thereon

(Rupees)

1.	Salary			1,08,000
2.	Bonus			12,000
	Total Salary for Valuation of perquisite
	i.e., Rs. 10,000 per month			1,20,000
	Valuation of perquisites
(a)		Perq. for flat :
		Lower of (10% of salary for ten months =
		Rs. 10,000 actual rent paid = 65,000)	10,000
(b)		Perq. for hotel
		Less of (24% of salary of 2 months = 4800,
		actual payment = 30,000)	4,800
(c)		Perq. for furniture @ 10%	5,000
			19,800
		Less : Rent recovered from employee	5,000
			14,800
(d)		Add perq. for free gas, electricity., water	6,000
(e)		Add perq. for car expenses reimbursement
		(40,200 - 12(1600+600)	13,800
		Total perquisites :	34,600
		(Gross Total Income (1,20,000 + 34,600)		1,54,600
		Less : Standard Deduction u/s 16(i)		30,000
		Total income		1,24,600
		Tax on Total Income	13,920
	Tax rebate u/s 88
		Provident Fund	24,000
		Subscription to NSC VIII Issue	18,000
		LIP	3,000
		Contribution to infrastructure Bond	30,000
		Total	75,000
	Tax Rebate @ 20%		15,000
	Tax on total income		13,920
	Tax rebate (restricted)			13,920
	Tax payable			Nil

Example 6

Illustrating Valuation of perquisite and calculation of tax in the case of an employee of a Private Company posted at Delhi and repaying House Building Loan.

	Particulars :	(Rupees)
1.	Salary	1,18,000
2.	Dearness allowance	36,000
3.	House rent allowance	12,000
4.	Special duties allowance	2,400
5.	Provident Fund	20,000
6.	LIP	10,000
7.	Deposit in NSC VIII issue	20,000
8.	Rent paid by the employee for house hired by him	24,000
9.	Repayment of House Building loan taken
	by the employee from LIC	12,000
10.	Subscription to eligible issue of capital of
	a company approved u/s 88(2)(xvi)	20,000

Computation of total income and tax payable thereon

(Rupees)

1.	Gross salary				1,68,400
	Less : House rent allowance exempt u/s 10(13A)
a.		Actual amount of HRA received		12,000
b.		Expenditure on rent in excess of 10% of
		salary (including D.A.) as personal D.A. is
		including for retirement benefits 8,600)		8,600
c.		50% of salary (including D.A.)		77,000	(-) 8,600
	Total salary income				1,59,800
	Less : Standard Deduction				30,000
	Total Taxable Income				1,29,800
	Tax on total Income				14,960
	Tax rebate u/s 88
i.		Provident Fund	20,000
ii.		LIP	10,000
iii.		NSC VIII Issue	20,000
iv.		Repayment of HBA	12,000
v.		Subscription to eligible issue of
		Co. approved u/s 88(2)(xvi)	20,000
		Total	82,000
	Rebate @ 20% =			16,200	14,960
					(restricted)
	Net Tax Payable				Nil

Example 7

Income-tax calculation in the case of an employee who claims loss under the head income from house property

	Particulars	(Rupees)
1.	Gross salary	4,00,000
2.	Housing Loan repaid (Principal)	30,000
3.	Interest payable on housing loan (Loan taken after 1-4-1999)	2,00,000
4.	Donation paid to National Children Fund	5,000
5.	NSC Purchased	10,000
6.	GPF	20,000

Computation of taxable income and tax thereon

(Rupees)

1.	Salary income		4,00,000
	Gross salary
	Less : Standard Deduction		30,000
	Taxable salary		3,70,000
2.	Income from house property
	Annual value		Nil
	Interest payable on loan under section 24		2,00,000
	Loss from house property (Maximum allowable)		1,50,000
	Gross total income		2,20,000
	Less deduction under section 80G
	50% of Rs. 5,000		2,500
	Net taxable income		2,17,500
	Tax thereon		39,250
	Less rebate under section 88
	GPF	20,000
	NSC	10,000
	Housing Loan repaid	20,000
	Total	50,000
	Rebate @ 15% of Rs. 50,000		7,500
	Tax payable		31,750
	Add : Surcharge		Nil
	Total tax payable		31,750

Example 8

Income Tax calculation in the case of an employee who claims loss under the head ‘Income from house property’, loan taken before 1-4-1999.

	Particulars	(Rupees)
1.	Gross Salary	4,00,000
2.	Housing Loan repaid (Principal)	30,000
3.	Interest payable on housing loan (Loan taken before 1-4-1999)	2,00,000
4.	Donation paid to National Children’s Fund	5,000
5.	N.S.C. purchased	10,000
6.	G.P.F.	20,000

Computation of Taxable Income and tax thereon

1.	Salary Income		4,00,000
	Gross Salary
	Less: Standard deduction		30,000
	Taxable Salary		3,70,000
2.	Income from House Property
	Annual value	Nil
	Interest payable on loan under section 24	2,00,000
	Loss from House property (Maximum
	allowable for loans taken before 1-4-1999)		30,000
	Gross total income		3,40,000
	Less deduction under section 80G
	50% of Rs. 5,000		2,500
	Net Taxable Income		3,37,500
	Tax thereon		75,250
	Less rebate under section 88
	G.P.F.	20,000
	N.S.C.	10,000
	Housing Loan repaid (maximum)	20,000
	Total:	50,000
	Rebate @ 15% of Rs. 50,000		7,500
	Tax payable		67,750
	Add: Surcharge		Nil
	Total Tax payable		67,750

Example 9

Income-tax calculation in the case of a woman assessee who is less than age of 65 years.

Particulars	Rupees
Gross Salary	1,20,000
G.P.F.	10,000
N.S.C. purchased	10,000

Computation of Taxable Income and Tax thereon

Gross Salary		1,20,000
Less: Standard deduction under section 16(i)		30,000
Taxable Income		90,000
Tax thereon		7,000
Less: Rebate under section 88C (Being woman)		5,000
Less: Rebate under section 88
G.P.F.	10,000
N.S.C.	10,000
Total	20,000
Rebate under section 88 @ 20% of Rs. 20,000 =
Rs. 4,000 = restricted to Rs. 2,000		2,000
Tax payable		Nil

Note:- In the case of a woman assessee who is 65 years of age or more, she will be entitled to rebate only under section 88B of the Act meant for Senior citizens and not under section 88C of the Act.

Annexure II

Form for sending particulars of income u/s 192(2B)
for the year ending 31st March, 2002

1.	Name and address of the employee
2.	Permanent Account Number
3.	Residential status
4.	Particulars of income under any head of income other than “salaries” (not being a loss under any such head other than the loss under the head “Income from house property”) received in the financial year
	(i)	Income from house property
		(in case of loss, enclose computation thereof)
	(ii)	Profits and gains of business or profession
	(iii)	Capital gains
	(iv)	Income from other sources
	(a)		Dividends
	(b)		Interest
	(c)		Other incomes (specify)
			Total
5.	Aggregate of sub-items (i) to (iv) of item 4
6.	Tax deducted at source (enclose certificates) issued under section 203

Place................
Date.................	.......................................................
	Signature of the employee

Verification

I,......................., do hereby declare that what is stated above is true to the best of my knowledge and belief.

Verified today, the..........day of.................2003.

Place................
Date.................	.......................................................
	Signature of the employee

Annexure III

I.T. (Twenty-fifth Amendment) Rules, 2002 - See [2002] 124 Taxman 63 (St.)

Annexure III-A

Form No. 12BA : Statement showing particulars of perquisites, other fringe benefits or amenities and profits in lieu of salary with value thereof - See [2002] 124 Taxman 64 (St.).

Annexure III-B

Form No. 16 : Certificate under section 203 of the Income-tax Act, 1961 for tax deducted at source from income chargeable under the head “Salaries” - See [2002] 124 Taxman 67 (St.).

Annexure IV

Notification SO 1048(E), dated 24-11-2000 : See [2000] 113 Taxman 52 (St.).

Annexure IV-A

Notification SO 81(E), dated 29-1-2001 : See [2001] 115 Taxman 183 (St.).

Annexure V

Form No. 10BA : Declaration to be filed by the assessee claiming deduction under section 80GG - Income-tax (Nineteenth Amendment) Rules, 1998 - See [1998] 100 Taxman 110 (St.).

Source : Circular No. 9/2003, dated 18-11-2003.

Financial year 2004-2005

958B. Income-tax deduction from salaries during the financial year 2004-2005 under section 192

Reference is invited to Circular No. 9/2003 dated 18-11-2003 wherein the rates of deduction of income-tax from the payment of income under the head “Salaries” under Section 192 of the Income-tax Act, 1961, during the financial year 2003-2004, were intimated. The present Circular contains the rates of deduction of income-tax from the payment of income chargeable under the head “Salaries” during the financial year 2004-2005 and explains certain related provisions of the Income-tax Act.

Finance (No.2) Act, 2004

2. According to the Finance (No.2) Act, 2004, income-tax is required to be deducted under section 192 of the Income-tax Act 1961 from income chargeable under the head “Salaries” for the financial year 2004-2005 (i.e. assessment year 2005-2006) at the following rates:

Rates of Income-tax

1.	Where the total income does not exceed Rs. 50,000	Nil;
2.	Where the total income exceeds Rs. 50,000 but does not exceed Rs. 60,000	10 per cent, of the amount by which the total income exceeds Rs. 50,000;
3.	Where the total income exceeds Rs. 60,000 but does not exceed Rs. 1,50,000	Rs. 1,000 plus 20 per cent of the amount by which the total income exceeds Rs. 60,000;
4.	Where the total income exceeds Rs. 1,50,000.	Rs. 19,000 plus 30 per cent of the amount by which the total income exceeds Rs. 1,50,000.

(Please also refer to section 88D discussed in Para 7 of the Circular for special provisions in respect of individuals having total income not exceeding Rs. 1,00,000).

Surcharge on income tax :

The amount of income-tax computed in accordance with the preceding provisions of this paragraph shall be reduced by the amount of rebate of income tax calculated under Chapter VIII-A (Sections 88, 88B, 88C and 88D) and the income tax so reduced shall be increased by a surcharge at the rate of ten per cent of such income tax where the total income exceeds eight hundred and fifty thousand rupees.

However, the total amount payable as income-tax and surcharge shall not exceed the total amount payable as income tax on a total income of Rs. 8,50,000 by more than the amount of income that exceeds Rs. 8,50,000.

The amount of income-tax as increased by surcharge, if any, mentioned above shall be further increased by an additional surcharge (Education Cess on Income Tax) at the rate of two percent of the income-tax and surcharge.

Surcharge and Education Cess are payable by both resident and non-resident assessees.

3. Section 192 of the Income-tax Act,1961: Broad Scheme of Tax Deduction at Source from “Salaries” etc.

3.1 Method of Tax Calculation - Every person who is responsible for paying any income chargeable under the head “Salaries” shall deduct income-tax on the estimated income of the assessee under the head “Salaries” for the financial year 2004-2005. The income-tax is required to be calculated on the basis of the rates given above and shall be deducted on average at the time of each payment. No tax will, however, be required to be deducted at source in any case unless the estimated salary income including the value of perquisites, for the financial year exceeds Rs. 1,00,000. (Some typical examples of computation of tax are given at Annexure-I).

3.2 Payment of Tax on Non-monetary Perquisites by Employer - An option has been given to the employer to pay the tax on non-monetary perquisites given to an employee. The employer may, at his option, make payment of the tax on such perquisites himself without making any TDS from the salary of the employee. The employer will have to pay such tax at the time when such tax was otherwise deductible i.e. at the time of payment of income chargeable under the head salaries to the employee.

3.3 Computation of Average Income-tax - For the purpose of making the payment of tax mentioned in para 3.2 above, tax is to be determined at the average of income tax computed on the basis of rate in force for the financial year, on the income chargeable under the head “salaries”, including the value of perquisites for which tax has been paid by the employer himself.

Illustration :

Suppose that the income chargeable under the head ‘salary’ of an employee for the year inclusive of all perquisites is Rs. 2,40,000, out of which, Rs. 40,000 is on account of non-monetary perquisites and the employer opts to pay the tax on such perquisites as per the provisions discussed in para 3.2 above.

Steps :

Income Chargeable under the head Salary inclusive of all perquisites:	Rs. 2,40,000
Tax on Total Salaries :	Rs. 37,000
Average Rate of Tax [(37,000/2,40,000) × 100] :	15.41%
Tax payable on Rs. 40,000 ( 15.41% of 40,000) :	Rs. 6,167
Amount required to be deposited each month: (6,167/12)	Rs. 514

The tax so paid by the employer shall be deemed to be TDS made from the salary of the employee.

3.4 Salary from more than one employer - Sub-section (2) of section 192 deals with situations where an individual is working under more than one employer or has changed from one employer to another. It provides for deduction of tax at source by such employer (as the tax payer may choose) from the aggregate salary of the employee who is or has been in receipt of salary from more than one employer. The employee is now required to furnish to the present/chosen employer details of the income under the head “Salary” due or received from the former/other employer and also tax deducted at source therefrom, in writing and duly verified by him and by the former/other employer. The present employer will be required to deduct tax at source on the aggregate amount of salary (including salary received from the former or other employer).

3.5 Relief when salary paid in arrear or advance - Under sub-section (2A) of section 192 where the assessee, being a Government servant or an employee in a company, co-operative society, local authority, university, institution, association or

Explanation.—For this purpose “University means a University established or incorporated by or under a Central, State or Provincial Act, and includes an institution declared under section 3 of the University Grants Commission Act, 1956 (3 of 1956), to be University for the purposes of the Act.

3.6 Furnishing of declaration by taxpayer in Form 12C - Sub-section (2B) of section 192 enables a taxpayer to furnish particulars of income under any head other than “Salaries” and of any tax deducted at source thereon in the prescribed Form (No.12C) vide Annexure II. After an amendment made to the Income-tax Rules this year, the particulars may be furnished in a simple statement, which is properly verified by the taxpayer in the same manner as in Form 12C. Such income should not be a loss under any such head other than the loss under the head “Income from House Property” for the same financial year. The person responsible for making payment (DDO) shall take such other income and tax, if any, deducted at source from such income, and the loss, if any, under the head “Income from House Property” into account for the purpose of computing tax deductible under section 192 of the Income-tax Act. It is, however, provided that this sub-section shall not in any case have the effect of reducing the tax deductible, except where the loss under the head “Income from House Property” has been taken into account, from income under the head “Salaries” below the amount that would be so deductible if the other income and the tax deducted thereon had not been taken into account’. In other words, the DDO can take into account only the loss from House Property for working out the amount of total tax to be deducted. While taking into the account the loss from House Property, the DDO shall ensure that the assessee files the declaration referred to above and encloses therewith a computation of such loss from House Property.

Sub-section (2C) lays down that a person responsible for paying any income chargeable under the head “salaries” shall furnish to the person to whom such payment is made a statement giving correct and complete particulars of perquisites or profits in lieu of salary provided to him and the value thereof in such form and manner as may be prescribed. (Annexure-III A & B).

These forms are required to be filed by the employee along with the Return of Income for the relevant year.

3.7 Conditions for claim of deduction of interest on borrowed capital for computation of income from house property - (i) For the purpose of computing income/loss under the head ‘Income from House Property’ in respect of a self-occupied residential house, a normal deduction of Rs. 30,000 - is allowable in respect of Interest on borrowed capital. However, a deduction on account of interest up to a maximum limit of Rs. 1,50,000 is available if such loan has been taken on or after 1-4-1999 for constructing or acquiring the residential house and the construction or acquisition of the residential unit out of such loan has been completed within three years from the end of the Financial Year in which capital was borrowed. Such higher deduction is not allowable in respect of Interest on capital borrowed for the purposes of repairs or renovation of an existing residential house. To claim the higher deduction in respect of Interest upto Rs. 1,50,000, the employee should furnish a certificate from the person to whom any Interest is payable on the capital borrowed, specifying the amount of Interest payable by such employee for the purpose of construction or acquisition of the residential house or for conversion of a part or whole of the capital borrowed, which remains to be repaid as a new loan.

3.7(ii) The essential conditions necessary for availing higher deduction of interest of Rs. 1,50,000 are that the amount of capital must have been borrowed on or after 1-4-1999 and the acquisition or construction of residential house must have been completed within three years from the end of the financial year in which capital was borrowed. There is no stipulation regarding the date of commencement of construction. Consequently, the construction of the residential house could have commenced before 1-4-1999 but, as long as its construction/acquisition is completed within three years, from the end of the financial year in which capital was borrowed the higher deduction would be available in respect of the capital borrowed after 1-4-1999. It may also be noted that there is no stipulation regarding the construction/acquisition of the residential unit being entirely financed by capital borrowed on or after 1-4-1999. The loan taken prior to 1-4-1999 will carry deduction of interest upto Rs. 30,000 only. However, in any case the total amount of deduction of Interest on borrowed capital will not exceed Rs. 1,50,000 in a year.

3.8 Adjustment for excess or shortfall of deduction - The provisions of sub-section (3) of section 192 allow the deductor to make adjustments for any excess or shortfall in the deduction of tax already made during the financial year, in subsequent deductions for that employee within that financial year itself.

Persons responsible for deducting tax and their duties

4.2 The tax determined as per para 7 should be deducted from the salary under section 192 of the Act.

4.3 Deduction of tax at lower rate - Section 197 enables the tax-payer to make an application in Form No.13 to his Assessing Officer, and, if the Assessing Officer is satisfied that the total income of the tax-payer justifies the deduction of income-tax at any lower rate or no deduction of income tax, he may issue an appropriate certificate to that effect which should be taken into account by the Drawing and Disbursing Officer while deducting tax at source. In the absence of such a certificate furnished by the employee, the employer should deduct income tax on the salary payable at the normal rates: (Circular No. 147 dated 28-10-1974)

4.4 Deposit of tax deducted - According to the provisions of section 200, any person deducting any sum in accordance with the provisions of section 192 or paying tax on non-monetary perquisites on behalf of the employee under section 192(1A), shall pay the sum so deducted or tax so calculated on the said non-monetary perquisites, as the case may be, to the credit of the Central Government in prescribed manner (vide Rule 30 of the Income-tax Rules, 1962). In the case of deductions made by, or, on behalf of the Government, the payment has to be made on the day of the tax-deduction itself. In other cases, the payment has to be normally made within one week of the deduction.

4.5 Penalty for failure to deposit tax deducted - If a person fails to deduct the whole or any part of the tax at source, or, after deducting, fails to pay the whole or any part of the tax to the credit of the Central Government within the prescribed time, he shall be liable to action in accordance with the provisions of section 201. Sub-section (1A) of section 201 lays down that such person shall be liable to pay simple interest at twelve per cent per annum w.e.f. 8-9-2003 on the amount of such tax from the date on which such tax was deductible to the date on which the tax is actually paid. Section 271C lays down that if any person fails to deduct tax at source, he shall be liable to pay, by way of penalty, a sum equal to the amount of tax not deducted by him. Further, section 276B lays own that if a person fails to pay to the credit of the Central Government within the prescribed time the tax deducted at source by him, he shall be punishable with rigorous imprisonment for a term which shall be between 3 months and 7 years, and with fine.

4.6 Furnishing of certificate for tax deducted - According to the provisions of section 203, every person responsible for deducting tax at source is required to furnish a certificate to the payee to the effect that tax has been deducted and to specify therein the amount deducted and certain other particulars. This certificate, usually called the “TDS certificate”, has to be furnished within a period of one month from the end of the relevant financial year. Even the banks deducting tax at the time of payment of pension are required to issue such certificates. In the case of employees receiving salary income including pension, the certificate has to be issued in Form No.16 (Specimen Form 16 enclosed as Annexure-III-B). However, in the case of an employee who is resident in India and whose income from salaries, before allowing standard deduction, does not exceed Rs. 1,50,000, the certificate of deduction of tax shall be issued in Form No. 16AA (Specimen Form 16AA enclosed as Annexure-IV). It is, however, clarified that there is no obligation to issue the TDS certificate (Form 16 or Form 16AA) in case tax at source is not deductible/deducted by virtue of claims of exemptions and deductions. As per the amended section 192, the responsibility of providing correct and complete particulars of perquisites or profits in lieu of salary given to an employee is placed on the person responsible for paying such income i.e., the person responsible for deducting tax at source. The form and manner of such particulars are prescribed in Rule 26A, Form12BA, Form 16 and Form 16AA of the Income-tax Rules (copy enclosed as Annexure IIIA, IIIB and IV).

Information relating to the nature and value of perquisites is to be provided by the employer in Form No. 12BA in case of salary above Rs. 1,50,000. In other cases, the information would have to be provided by the employer in the amended Form 16 itself. In either case, Form 16 with Form 12BA or Form 16 by itself will have to be furnished within a period of one month from the end of relevant financial year.

The obligation cast on the employer under section 192(2C) for furnishing a statement showing the value of perquisites provided to the employee is a serious responsibility of the employer, which is expected to be discharged in accordance with law and rules of valuation framed thereunder. Any false information, fabricated documentation or suppression of requisite information will entail consequences therefore provided under the law. A specimen of these certificates is enclosed at Annexure IIIA. These certificates are to be issued on tax-deductor’s own stationery within one month from the close of the financial year i.e. by April 30 of every year. If he fails to issue these certificates to the person concerned as required by section 203, he will be liable to pay, by way of penalty, under section 272A, a sum which shall be Rs. 100 for every day during which the failure continues.

4.7 Mandatory quoting of PAN and TAN - According to the provisions of section 203A of the Income-tax Act, it is obligatory for all persons responsible for deducting tax at source to obtain and quote the Tax-deduction Account No. (TAN) in the Challans, TDS-certificates, returns etc. Detailed instructions in this regard are available in this Department’s Circular No.497 (F.No.275/118/87-IT(B) dated 9-10-1987). If a person fails to comply with the provisions of section 203A, he will be liable to pay, by way of penalty, under section 272BB, a sum of ten thousand rupees. Similarly, as per section 139A(5B), it is obligatory for persons ducting tax at source to quote PAN of the persons from whose income tax has been deducted in the statement furnished under section 192(2C), certificates furnished under section 203 and all returns prepared and delivered as per the provisions of section 206 of the Income-tax Act, 1961.

4.8 Annual return of TDS - According to the provisions of section 206 of the Income-tax Act, read with rules 36A and 37 of the Income-tax Rules, the prescribed person in the case of every office of Government, the principal officer in the case of every company, the prescribed person in the case of every local authority or other public vide Notification No. S.O. 974 (E) dated 26-8-2003. (Annexure-V) . Accordingly, the annual TDS return for financial year 2004-05, which would be required to be filed by 30-6-2005, would be filed by the Government deductors in electronic format only with the e-TDS Intermediary at any of the TIN Facilitation Centres, particulars of which are available at www.incometaxindia.gov.in and at http://tin.nsdl.com. If a person fails to furnish the annual return in due time, he shall be liable to pay by way of penalty under section 272A, a sum which shall be Rs. 100 for every day during which the failure continues, so, however, that this sum shall not exceed the amount of tax which was deductible at source.

4.9 A return filed on a floppy, diskette, magnetic cartridge tape, CD-ROM or any other computer readable media as may be specified by the Board shall be deemed to be a return for the purposes of section 206 and the Rules made thereunder, and shall be admissible in any 8 proceeding thereunder, without further proof of production of the original, as evidence of any contents of the original or of any fact stated therein. While receiving such returns on computer media, necessary checks by scanning the documents filed on computer media will be carried out and the media may be duly authenticated by the Assessing Officer.

4.10 Challans for deposit of TDS - While making the payment of tax deducted at source to the credit of the Central Government, it may be ensured that the correct amount of income-tax is recorded in the relevant challan. It may also be ensured that the right type of challan is used. The relevant challan for making payment of tax deducted at source from salaries is No.9 with “Blue colour Band”. Where the amount of tax deducted at source is credited to the Central Government through book adjustment, care should be taken to ensure that the correct amount of income-tax is reflected therein.

4.11 TDS on income from pension - In the case of pensioners who receive their pension from a nationalized bank, the instructions contained in this circular shall apply in the same manner as they apply to salary-income. The deductions from the amount of pension on account of standard deduction under section 16 and the tax rebate under section 88B [in the case of pensioners, resident in India, who are 65 years of age or more : refer Para 6(18)] will be allowed by the concerned bank at the time of deduction of tax at source from the pension, before making payment to the concerned pensioner. As regards the tax rebate under section 88 on account of contribution to Life Insurance, Provident Fund, NSC etc., if the pensioners furnish the relevant details to the banks, the tax rebate at the specified rate may also be allowed. Necessary instructions in this regard were issued by the Reserve Bank of India to the State Bank of India and other nationalized Banks vide RBI’s Pension Circular (Central Series) No.7/C.D.R./1992 (Ref. CO: DGBA: GA (NBS) No.60/GA.64(11CVL)-/92) dated the 27th April, 1992, and, these instructions should be followed by all the branches of the Banks, which have been entrusted with the task of payment of pensions. Further all branches of the banks are bound under section 203 to issue certificate of tax deducted in Form 16 to the pensioners also vide CBDT Circular no. 761 dated 13-1-1998.

4.12 Important circulars - Where Non-Residents are deputed to work in India and taxes are borne by the employer, if any refund becomes due to the employee after he has already left India and has no bank account in India by the time the assessment orders are passed, the refund can be issued to the employer as the tax has been borne by it : Circular No. 707 dated 11-7-1995.

4.13 TDS certificates issued by Central Government departments which are making payments by book adjustment, should be accepted by the Assessing Officers if they indicate that credit has been effected to the Income Tax Department by book adjustment and the date of such adjustment is given therein. In such cases, the Assessing Officers may not insist on details like challan numbers, dates of payment into Government Account etc., but they should in any case satisfy themselves regarding the genuineness of the certificates produced before them : Circular No. 747 dated 27-12-1996.

4.14 There is a specific procedure laid down for refund of payments made by the deductor in excess of taxes deducted at source, vide Circular No. 285 dated 21-10-1980.

4.16 New Procedure for TDS Returns and TDS Statements with effect from 1st of April, 2005 - With a view to computerize the TDS functions and dematerialize the TDS certificates, a new procedure for filing of TDS returns and issue of TDS statements has been introduced, which shall come into effect from 1-4-2005.

(a) Under the new procedure, where the tax is deducted on or after 1-4-2005 and is paid to the credit of the Central Government and specified in the statement referred to in section 203AA of the Income-tax Act, such tax shall be treated as tax paid on behalf of the person from whose income such tax has been deducted and credit for such tax would be given to such person without production of a TDS certificate. Consequently, the return filed by such person in respect of the income of financial year 2005-06 onwards would not be accompanied by any TDS certificate.

(b) The person deducting the tax (employer in case of salary income), shall be required to file Quarterly Statements for the periods ending on 30th June, 30th September, 31st December and 31st March in each such financial year and shall file these statements, duly verified, to the prescribed income-tax authority or the person authorized by such authority. The Quarterly Statements would be filed on computer media only in accordance with the Scheme to be notified in this regard by the Central Government. In case of failure in filing of the Quarterly Statement, the person deducting the tax shall be liable for a penalty under section 272A(2)(k) of Rs. 100 for each day of default. These Quarterly Statements would compulsorily require quoting of the Tax Deduction Account Number (TAN) of the tax deductor and the Permanent Account Number (PAN) of the employees whose tax has been deducted. Therefore, all Drawing and Disbursing Officers of the Central and State Governments/Departments, who have not yet obtained TAN, must immediately apply for and obtain TAN before the new procedure comes to effect. Similarly, all employees (including non-resident employees) from whose income, tax is to be deducted may be advised to obtain PAN, if not already obtained, and to quote the same correctly, as otherwise the credit for the tax deducted cannot be given. A penalty under section 272B of Rs. 10,000 has been prescribed for wilfully intimating a false PAN.

(c) Under the new procedure, the person deducting the tax would not be responsible for issuing any certificate for tax deducted. An annual statement of tax deducted would now be issued by the prescribed income-tax authority or the person authorized by such authority (to whom the Quarterly Statements would be furnished), within the prescribed time after the end of each financial year.

Estimation of income under the head “salaries”

5.1 Income chargeable under the head “Salaries”. - (1) The following income shall be chargeable to income-tax under the head “Salaries” :

(a) any salary due from an employer or a former employer to an assessee in the previous year, whether paid or not;

(b) any salary paid or allowed to him in the previous year by or on behalf of an employer or a former employer though not due or before it became due to him;

(c) any arrears of salary paid or allowed to him in the previous year by or on behalf of an employer or a former employer, if not charged to income-tax for any earlier previous year.

Definition of Salary :

(3) “Salary” includes wages, fees, commissions, perquisites, profits in lieu of, or, in addition to salary, advance of salary, annuity or pension, gratuity, payments in respect of encashment of leave etc. It also includes the annual accretion to the employee’s account in a recognized provident fund to the extent it is chargeable to tax under rule 6 of Part A of the Fourth Schedule of the Income-tax Act. Contributions made by the employer to the account of the employee in a recognized provident fund in excess of 12% of the salary of the employee, along with interest applicable, shall be included in the income of the assessee for the previous year. Any contribution made by the Central Government to the account of the employee under the New Pension Scheme as notified vide Notification No. F.No. 5/ 7/2003- ECB&PR dated 22-12-2003 (copy enclosed as Annexure-VA) and referred to in section 80CCD (para 5.4(2) of this Circular) shall also be included in the salary income. Other items included in salary, profits in lieu of salary and perquisites are described in section 17 of the Income-tax Act. The scope of the term profit in lieu of salary has been amended so as not to include interest on contributions or any sum received under a Keyman insurance policy including the sum allocated by way of bonus on such policy. For the purposes of this sub-clause, the expression Keyman insurance policy shall have the meaning assigned to it in clause (10D) of section 10. It may be noted that, since salary includes pensions, tax at source would have to be deducted from pension also, if otherwise called for. However, no tax is required to be deducted from the commuted portion of pension as explained in clause (3) of para 5.2 of this Circular.

(4) Section 17 defines the terms “salary”, “perquisite” and “profits in lieu of salary”.

Perquisite includes :

(a) The value of rent free accommodation provided to the employee by his employer;

(b) The value of any concession in the matter of rent in respect of any accommodation provided to the employee by his employer;

(c) The value of any benefit or amenity granted or provided free of cost or at concessional rate in any of the following cases:

(i) By a company to an employee who is a director of such company;

(ii) By a company to an employee who has a substantial interest in the company;

(iii) By an employer (including a company)to an employee, who is not covered by (i) or (ii) above and whose income under the head Salaries (whether due from or paid or allowed by one or more employers), exclusive of the value of all benefits and amenities not provided by way of monetary payment, exceeds Rs. 50,000.

The rules relating to valuation of such benefits and amenities have been prescribed in Rule 3. It is further provided that ‘profits in lieu of salary’ shall include amounts received in lump sum or otherwise, prior to employment or after cessation of employment for the purposes of taxation. The rules for valuation of perquisite are as under :—

I. Accommodation - For purpose of valuation of the perquisite of unfurnished accommodation, all employees are divided into two categories: (i) Govt. & State Govt. employees; and (ii) Others.

For employees of the Central and State Government the value of perquisite shall be equal to the licence fee charged for such accommodation as reduced by the rent actually paid by the employee.

For all others, i.e., those salaried taxpayers not in employment of the Central Government and the State Government, the valuation of perquisite in respect of accommodation would be at prescribed rates. The rate is 10% of ‘salary’ in cities having population exceeding four lakhs as per the 1991 census. For other places, the perquisite value would be 7.5.% of salary.

The scope of the word “accommodation” has been widened by clarifying that it includes a house, flat, farm house, hotel accommodation, motel, service apartment guest house, a caravan, mobile home, ship etc. However, the value of any accommodation located in a remote area provided to an employee working at a mining site or an on-shore oil exploration site or a project execution site or an accommodation provided in an off-shore site will not be treated as a perquisite. A project site for the purposes of this sub-rule means a site of project upto the stage of its commissioning. A “remote area” means an area located at least 40 kilometers away from a town having a population not exceeding 20,000 as per the latest published all India census. Off-shore sites of similar nature do not have to meet any requirement of distance.

The definition of “salary” for calculating perquisite value is the same as per earlier Rules. The only change is that medical allowances and reimbursement for treatment of serious illness as prescribed in the proviso below section 17(2)(vi) have now been excluded from the definition of salary for this purpose. For furnished accommodation, the provision of valuation of perquisite of furnishings, fittings and furniture at 10% of original cost per annum or actual hire charges is continued.

In case of employer other than Central and State Govt., where accommodation is taken on lease or rent by employer, actual amount of lease rental paid or payable by the employer or 10% of salary whichever is lower, as reduced by the rent, if any, actually paid by the employee, is taken as perquisite.

If an accommodation is provided by an employer in a hotel the value of the benefit in such a case shall be 24% of the annual salary or the actual charges paid or payable to such hotel, whichever is lower, for the period during which such accommodation is provided as reduced by any rent actually paid or payable by the employee. However, where in cases the employee is provided such accommodation for a period not exceeding in aggregate fifteen days on transfer from one place to another, no perquisite value for such accommodation provided in a hotel shall be charged. It may be clarified that while services provided as an integral part of the accommodation, need not be valued separately as perquisite, any other services over and above that for which the employer makes payment or reimburses the employee shall be valued as a perquisite as per the residual clause. In other words, composite tariff for accommodation will be valued as per these Rules and any other charges for other facilities provided by the hotel will be separately valued under the residual clause. Also, if on account of an employee’s transfer from one place to another, the employee is provided with accommodation at the new place of posting while retaining the accommodation at the other place, the value of perquisite shall be determined with reference to only one such accommodation which has the lower value as per the table prescribed in Rule 3 of the Income-tax Rules, for a period upto 90 days. However, after that the value of perquisite shall be charged for both accommodations as prescribed.

II. Motor car :

(a) Where the motor car is owned or hired by the employer and is used wholly and exclusively in the performance of his official duties, no perquisite arises in the hands of the employee, subject to maintenance of documents as prescribed in sub-para (f) below. No perquisite arises even if the motor car is owned by the employee himself but the actual running and maintenance charges (including remuneration of the chauffer, if any) are reimbursed to him by the employer, provided that the motor car is used wholly and exclusively for official purposes and the documents as prescribed in sub-para (f) below are maintained.

(b) Where the motor car is owned or hired by the employer and is used exclusively for the private or personal purpose of the employee, the value of perquisite would be equal to the actual amount of expenditure incurred by the employer on the running and maintenance of the motor car (including remuneration of the chauffeur, if any), as increased by the amount representing 10% of the actual cost of the motor car on account of normal wear and tear and as reduced by any amount charged from the employee for such use.

		Small car	Large car	If Chauffeur
		(upto 1.6 ltrs	(above 1.6	provided by
		engine capacity)	ltrs engine	employer to
			capacity)	run the motor
				car, an
				additional
				amount as
				below is
				also charged
(I)	Car owned/hired by	Rs. 1200	Rs. 1600	Rs. 600 per
	employer and expenses	per month	per month	month
	on maintenance and
	running are met or
	reimbursed by the
	employer
(II)	Car owned/hired by	Rs. 400 per	Rs. 600 per	Rs. 600 per
	employer but the expenses	month	month	month
	on running and mainte-
	nance for such private or
	personal use are fully met
	by the employee.

(e) However, where a second or additional cars are provided, such other cars shall be deemed to be for exclusively personal use and the value of perquisite shall be computed accordingly.

(f) In a situation described in para (c) above, if it is claimed that the expenses on running and maintenance of the motor car for official purposes are higher than the amount mentioned in Column I of the Table above, such higher amount can be claimed as a deduction from the actual amount of expenditure incurred by the employer, subject to the fulfillment of the following conditions:

(ii) the employer gives a certificate that the expenditure was incurred wholly and exclusively for the performance of his official duties.

III. Personal attendants etc. : The old rules provided for valuation of perquisite of free services of a sweeper, a gardener and a watchman at Rs. 120 per month. Under the new rules, the value of free service of all personal attendants including a sweeper, gardener, and a watchman is to be at actual cost to the employer. Where the attendant is provided at the residence of the employee, full cost will be taxed as perquisite in the hands of the employee irrespective of the degree of personal service rendered to him. Any amount paid by the employee for such facilities or services shall be reduced from the above amount.

IV. Gas, electricity & water : For free supply of gas, electricity and water for household consumption, the rules provide that the amount paid by the employer to the agency supplying the amenity shall be the value of perquisite. However, when the supply is made from employer’s own resources, under the old rules the value of perquisite was taken as Nil. There was also a separate provision in the old rules for valuation at 6.25% of salary of the taxpayer for part official use. This has been discontinued. Under the new rules even where the supply is made from the employer’s own resources, the manufacturing cost per unit incurred by the employer would be the value of perquisite. Any amount paid by the employee for such facilities or services shall be reduced from the above amount.

V. Free or concessional education : The old rules already provide that value of free education facility would be the expenditure incurred by the employer. Under the new rules free or concessional education shall be valued in a manner assuming that such expenses are borne by the employee, and would cover cases where an employer may be running, maintaining or directly or indirectly financing the educational institution. Any amount paid by the employee for such facilities or services shall be reduced from the above amount. However, where such educational institution itself is maintained and owned by the employer or where such free educational facilities are provided in any institution by reason of his being in employment of that employer, the value of the perquisite to the employee shall be determined with reference to the cost of such education in a similar institution in or near the locality if the cost of such education or such benefit per child exceeds Rs. 1000 p.m.

VI. Free or concessional journeys : The Perquisite value of free or concessional journeys provided by an employer engaged in carriage of passengers or goods shall be taken as the value at which such benefit or amenity is offered by such undertaking to the public, as reduced by any amount actually paid by the employee. The conveyance may be owned, leased or made available by any other arrangement by the employer. However, no perquisite on account of free or concesional journeys arises in the case of the employees of an airline or the Railways. Journey tickets for leave travel, tours and transfers which are already exempt under section 10(5) and 10(14) would continue to be exempt.

VII. Interest free or concessional loans : It is common practice, particularly in financial institutions, to provide interest free or concessional loans to employees or any member of his household. The value of perquisite arising from such loans would be the excess of interest payable at prescribed interest rate over interest, if any, actually paid by the employee. The prescribed interest rate would now be the rate charged per annum by the State Bank of India as on the 1st day of the relevant financial year in respect of loans of same type and for the same purpose advanced by it to the general public. Perquisite value would be calculated on the basis of the maximum outstanding monthly balance by the simple interest method. For valuing perquisites under this rule, any other method of calculation and adjustment otherwise adopted by the employer shall not be relevant. The concessional rate of interest of 10% is applicable only in respect of such housing or conveyance loans which have been used for “acquiring capital assets” i.e., house or conveyance, as the case may be, and not for repairs thereof. In case of loans taken for repairs, renovations etc., the higher interest rate of 13% would be applicable for calculation of perquisite.

Small loans upto Rs. 20,000 in the aggregate are exempt. Loans for medical treatment specified in Rule 3A are also exempt, provided the amount of loan for medical reimbursement is not reimbursed under any medical insurance scheme. Where any medical insurance reimbursement is received, the perquisite value at the rate of 13% shall be charged from the date of reimbursement on the amount reimbursed, but not repaid against the outstanding loan taken specifically for this purpose.

VIII. Travelling, touring, accommodation and other holiday expenses : It is increasingly common for employees to be provided with vacation and holiday facilities. The value of such perquisite shall be the expenditure incurred by the employer. This would also apply to official tours extended as a vacation and family members accompanying taxpayers on official tours. However, leave travel as per section 10(5) and enjoyment of holiday home facilities available uniformly to all classes of employees would remain exempt.

IX. Free meals : The provision of free meals varies widely from uniform canteen food, coupons etc. to lavish hotel meals. The scheme of free meals as a staff welfare measure had been recognized and was admissible upto Rs. 35 for each meal. The new rule does not treat as perquisite free food and non-alcoholic beverages to the extent the value thereof does not exceed Rs. 50. Where any amount is recovered from the employee, such amount shall be reduced from the value of perquisite. Such free or subsidized food or non-alcoholic beverages should however be provided at office premises or through non-transferable vouchers meant only for meals during working hours. These vouchers provided by employers should be usable only at an eatery, a restaurant or a cafe. Tea or similar non-alcoholic beverages and snacks - in the form of light refreshments during working hours are not charged as perquisite. Also, arrangements for meals in ‘remote areas’ as prescribed in para 5.1(I) of this Circular and similar off-shore sites as specified, shall be exempt. However, expenditure on provision of free meals by the employer in excess of Rs. 50 should be treated as perquisite, as reduced by recoveries made from the employee.

X. Gift, voucher or token in lieu of gift : The value of any gift, or voucher, or token in lieu of which such gift may be received by the employee or by member of his household on ceremonial occasions or otherwise shall be determined as the sum equal to the amount of such gift. However, where the value of such gift, voucher or token, as the case may be, is below Rs. 5,000 in the aggregate during the previous year, the value of perquisite shall be taken as nil.

XI. Credit card & club expenses : Credit card expenses of employees both business and personal, are often borne by employers. Such credit card payments would ordinarily be chargeable to tax as a perquisite. However, these expenses are often incurred to entertain customers and clients for the purposes of business. Therefore where such expenses on entertainment including meals are for purposes of business and proper records for the same are maintained no perquisite would arise.

Club expenses of employees borne by employers are charged as perquisite in terms of section 17(2)(iv). It has been specifically provided in the rules that annual and periodical club fees paid by the employer will be chargeable as perquisite. However, to ensure that basic facilities for the health and recreation of employees are not hit, health clubs, sports facilities etc. provided uniformly to all classes of employees by the employer at the employer’s premises are exempt. The initial one time deposit or fees for corporate or institutional membership, where the benefit does not remain with the employee after cessation of employment, are exempt. Where such expenses on entertainment including meals are for purposes of business and proper records for the same are maintained no perquisite would arise.

For credit card and club expenses to be exempt for business purposes, the following documentation needs to be maintained by the employer:

(a) complete details in respect of such expenditure including the date of expenditure and the nature of expenditure;

(b) a certificate by employer to the employee to the effect that the same was incurred wholly and exclusively for the performance of official duties.

XII. Use of assets : It is common practice for an asset owned by the employer to be used by the employee. This perquisite is to be charged at the rate of 10% of the original cost of the asset as reduced by any charges recovered from the employee for such use. However, the use of Computers and Laptops would not give rise to any perquisite.

XIII. Transfer of assets : Often an employee or member of his household benefits from the transfer of movable asset (not being shares or securities) at no cost or at a cost less than its market value from the employer. The difference between the original cost of the movable asset (not being shares or securities) and the sum, if any, paid by the employee, shall be taken as the value of perquisite. In case of a movable asset, which has already been put to use, the original cost shall be reduced by a sum of 10% of such original cost for every completed year of use of the asset. Owing to a higher degree of obsolescence, in case of computers and electronic gadgets, however, the value of perquisite shall be worked out by reducing 50% of the actual cost by the reducing balance method for each completed year of use. Electronic gadgets in this case means data storage and handling devices like computer, digital diaries and printers. They do not include household appliance (i.e. white goods) like washing machines, microwave ovens, mixers, hot plates, ovens etc. Similarly, in case of cars, the value of perquisite shall be worked out by reducing 20% of its actual cost by the reducing balance method for each completed year of use.

XIV. Employee Stock Option Plan : Prior to Finance Act, 2000, stock options were taxed at two stages i.e., as perquisite (on the amount representing the difference between the exercise price and the fair market value on the date of exercise), and as capital gains at the time of transfer of the same. With effect from 1-4-2001 (relevant to assessment year 2001-2002) onward, stock options issued as per guidelines of the Central Government are to be taxed only once, at the time of sale, as capital gains. In cases, where perquisite has been assessed with reference to exercise of the option by the employee under section 17(2), the fair market value at the time of exercise of the option shall be the cost of acquisition of share for working out the capital gains. The relevant guidelines of the Central Government have been issued vide Notification No.1021(E), dated 11-10-2001. Stock options not in conformity with the above guidelines (non-qualified stock options) shall continue to be taxed at both the stages.

XV. Residual Clause - A benefit or amenity not included in the rules shall be valued at the cost under an arm’s-length transaction to the employer where the employer pays for the benefit or amenity. However, the benefit of conveyance to and from residence to place of work, periodicals and journals required for discharge of work and expenses on telephones including a mobile phone shall not be included in calculating perquisite value.

It is pertinent to mention that benefits specifically exempt under section 10(13A), 10(5), 10(14), 17 etc. would continue to be exempt. These include benefits like travel on tour and transfer, leave travel, daily allowance to meet tour expenses as prescribed, medical facilities subject to conditions.

5.2 Incomes not included in the head “Salaries”(Exemptions) - Any income falling within any of the following clauses shall not be included in computing the income from salaries for the purpose of section 192 of the Act :—

(1) The value of any travel concession or assistance received by or due to an employee from his employer or former employer for himself and his family, in connection with his proceeding (a) on leave to any place in India or (b) on retirement from service, or, after termination of service to any place in India is exempt under clause (5) of section 10 subject, however, to the conditions prescribed in rule 2B of the Income-tax Rules, 1962.

For the purpose of this clause, “family” in relation to an individual means :

(i) The spouse and children of the individual; and

(ii) the parents, brothers and sisters of the individual or any of them, wholly or mainly dependent on the individual.

It may also be noted that the amount exempt under this clause shall in no case exceed the amount of expenses actually incurred for the purpose of such travel.

(2) Death-cum-retirement gratuity or any other gratuity which is exempt to the extent specified from inclusion in computing the total income under clause (10) of section 10.

(3) Any payment in commutation of pension received under the Civil Pension (Commutation) Rules of the Central Government or under any similar scheme applicable to the members of the civil services of the Union, or holders of civil posts/posts connected with defence, under the Union, or civil posts under a State, or to the members of the all India services/Defence Services, or, to the employees of a local authority or a corporation established by a Central, State or Provincial Act, is exempt under sub-clause (i) of clause (10A) of section 10. As regards payments in commutation of pension received under any scheme of any other employer, exemption will be governed by the provisions of sub-clause (ii) of clause (10A) of section 10.

(4) Any payment received by an employee of the Central Government or a State Government, as cash-equivalent of the leave salary in respect of the period of earned leave at his credit at the time of his retirement on superannuation or otherwise, is exempt under sub-clause (i) of clause (10AA) of section 10. In the case of other employees, this exemption will be determined with reference to the leave to their credit at the time of retirement on superannuation, or otherwise, subject to a maximum of ten months’ leave. This exemption will be further limited to the maximum amount specified by the Government of India Notification No. S.O. 588(E), dated 31-5-2002 at Rs. 3,00,000 in relation to such employees who retire, whether on superannuation or otherwise, after 1-4-1998.

(5) Under section 10(10B), the retrenchment compensation received by a workman is exempt from income-tax subject to certain limits. The maximum amount of retrenchment compensation exempt is the sum calculated on the basis provided in section 25F(b) of the Industrial Disputes Act, 1947 or any amount not less than Rs. 50,000 as the Central Government may by notification specify in the Official Gazette, whichever is less. These limits shall not apply in the case where the compensation is paid under any scheme which is approved in this behalf by the Central Government, having regard to the need for extending special protection to the workmen in the undertaking to which the scheme applies and other relevant circumstances. The maximum limit of such payment is Rs. 5,00,000 where retrenchment is on or after 1-1-1977.

(6) Under section 10(10C), any payment received or receivable (even if received in instalments) by an employee of the following bodies at the time of his voluntary retirement or termination of his service, in accordance with any scheme or schemes of voluntary retirement or in the case of public sector company, a scheme of voluntary separation, is exempted from income-tax to the extent that such amount does not exceed five lakh rupees:

(a) A public sector company;

(b) Any other company;

(d) A Local Authority;

(e) A Cooperative Society;

(f) A university established or incorporated under a Central, State or Provincial Act, or, an Institution declared to be a University under section 3 of the University Grants Commission Act, 1956;

(g) Any Indian Institute of Technology within the meaning of clause (g) of section 3 of the Institute of Technology Act, 1961;

(h) Such Institute of Management as the Central Government may by notification in the Official Gazette, specify in this behalf.

(7) Any sum received under a Life Insurance Policy, including the sum allocated by way of bonus on such policy other than:

(i) any sum received under sub-section (3) of section 80DD or sub-section (3) of section 80DDA or,

(ii) any sum received under Keyman insurance policy or,

(8) Any payment from a Provident Fund to which the Provident Funds Act, 1925 (19 of 1925), applies (or from any other provident fund set up by the Central Government and notified by it in this behalf in the Official Gazette).

(9) Under section 10(13A) of the Income-tax Act, 1961, any special allowance specifically granted to an assessee by his employer to meet expenditure incurred on payment of rent (by whatever name called) in respect of residential accommodation occupied by the assessee is exempt from income-tax to the extent as may be prescribed, having regard to the area or place in which such accommodation is situated and other relevant considerations. According to rule 2A of the Income-tax Rules, 1962, the quantum of exemption allowable on account of grant of special allowance to meet expenditure on payment of rent shall be:

(a) The actual amount of such allowance received by an employer in respect of the relevant period; or

(b) The actual expenditure incurred in payment of rent in excess of 1/10 of the salary due for the relevant period; or

(c) Where such accommodation is situated in Bombay, Calcutta, Delhi or Madras, 50% of the salary due to the employee for the relevant period; or

(d) Where such accommodation is situated in any other place, 40% of the salary due to the employee for the relevant period, whichever is the least.

For this purpose, “Salary” includes dearness allowance, if the terms of employment so provide,but excludes all other allowances and perquisites.

It has to be noted that only the expenditure actually incurred on payment of rent in respect of residential accommodation occupied by the assessee subject to the limits laid down in rule 2A, qualifies for exemption from income-tax. Thus, house rent allowance granted to an employee who is residing in a house/flat owned by him is not exempt from income-tax. The disbursing authorities should satisfy themselves in this regard by insisting on production of evidence of actual payment of rent before excluding the House Rent Allowance or any portion thereof from the total income of the employee.

Though incurring actual expenditure on payment of rent is a pre-requisite for claiming deduction under section 10(13A), it has been decided as an administrative measure that salaried employees drawing house rent allowance upto Rs. 3000 per month will be exempted from production of rent receipt. It may, however, be noted that this concession is only for the purpose of tax-deduction at source, and, in the regular assessment of the employee, the Assessing Officer will be free to make such enquiry as he deems fit for the purpose of satisfying himself that the employee has incurred actual expenditure on payment of rent.

(10) Clause (14) of section 10 provides for exemption of the following allowances :—

(i) Any special allowance or benefit granted to an employee to meet the expenses incurred in the performance of his duties as prescribed under rule 2BB subject to the extent to which such expenses are actually incurred for that purpose.

(ii) Any allowance granted to an employee either to meet his personal expenses at the place of his posting or at the place he ordinarily resides or to compensate him for the increased cost of living, which may be prescribed and to the extent as may be prescribed.

The CBDT has prescribed guidelines for the purpose of clauses (i) and (ii) of section 10(14) vide notification No. SO 617(E) dated 7th July, 1995 (F.No.142/9/95-TPL)which has been amended vide notification SO No. 403(E) dated 24-4-2000 (F.No.142/34/99-TPL). The transport allowance granted to an employee to meet his expenditure for the purpose of commuting between the place of his residence and the place of duty is exempt to the extent of Rs. 800 per month vide notification S.O. No. 395(E) dated 13-5-1998.

(11) Under section 10(15)(iv)(i) of the Income-tax Act, interest payable by the Government on deposits made by an employee of the Central Government or a State Government or a public sector company from out of his retirement benefits, in accordance with such scheme framed in this behalf by the Central Government and notified in the Official Gazette is exempt from income-tax. By notification No. F.2/14/89-NS-II dated 7-6-89, as amended by notification No. F.2/14/89-NS-II dated 12-10-89, the Central Government has notified a scheme called Deposit Scheme for Retiring Government Employees, 1989 for the purpose of the said clause.

(12) Clause (18) of section 10 provides for exemption of any income by way of pension received by an individual or family pension received by any member of the family of an individual who has been in the service of the Central Government or State Government and has been awarded “Param Vir Chakra” or “Maha Vir Chakra” or “Vir Chakra” or such other gallantry award as may be specifically notified by the Central Government. Such notification has been made vide Notifications No. S.O.1948(E) dated 24-11-2000 and 81(E) dated 29-1-2001 which are enclosed as per Annexure VIA & VIB.

(13) Under section 17 of the Act, exemption from tax will also be available in respect of:—

(a) the value of any medical treatment provided to an employee or any member of his family, in any hospital maintained by the employer;

(b) any sum paid by the employer in respect of any expenditure actually incurred by the employee on his medical treatment or of any member of his family:

(i) in any hospital maintained by the Government or any local authority or any other hospital approved by the Government for the purposes of medical treatment of its employees;

(ii) in respect of the prescribed diseases or ailments as provided in rule 3A(2) of I.T. Rules 1962 , in any hospital approved by the Chief Commissioner having regard to the prescribed guidelines as provided in rule 3(A)(1) of I.T. Rules, 1962 :

5.3 Deductions under section 16 of the Act (Standard Deduction) - Under section 16 of the Income-tax Act, the standard deduction available is as under :

In the case of an assessee whose income from salary, before allowing a deduction under this clause:

(a) does not exceed five lakh rupees, a deduction of a sum equal to forty per cent of the salary or thirty thousand rupees, whichever is less;

(b) exceeds five lakh rupees, a deduction of a sum of twenty thousand rupees.

Entertainment Allowance : A deduction is also allowed under clause (ii) of section 16 in respect of any allowance in the nature of an entertainment allowance specifically granted to the assessee by an employer, who is in receipt of a salary from the Government, a sum equal to one-fifth of his salary (exclusive of any allowance, benefit or other perquisite) or five thousand rupees whichever is less. The deduction hitherto available to non-government employees has been withdrawn.

Tax on Employment : The tax on employment within the meaning of clause (2) of Article 276 of the Constitution of India, leviable by or under any law, shall also be allowed as a deduction in computing the income under the head “Salaries”.

5.4 Deductions under Chapter VI-A of the Act - The following deductions under Chapter VI-A of the Act are available:

(1) As per section 80CCC, where an assessee being an individual has in the previous year paid or deposited any amount out of his income chargeable to tax to effect or keep in force a contract for any annuity plan of Life Insurance Corporation of India or any other insurer for receiving pension from the Fund referred to in clause (23AAB) of section 10, he shall, in accordance with, and subject to the provisions of this section, be allowed a deduction in the computation of his total income, of the whole of the amount paid or deposited (excluding interest or bonus accrued or credited to the assessee’s account, if any) as does not exceed the amount of ten thousand rupees in the previous year.

Where any amount paid or deposited by the assessee has been taken into account for the purposes of this section, a rebate with reference to such amount shall not be allowed under section 88.

(2) As per the provisions of section 80CCD, where an assessee, being an individual employed by the Central Government on or after the 1st day of January, 2004, has in the previous year paid or deposited any amount in his account under a pension scheme as notified vide Notification No. F.N. 5/7/2003-ECB&PR dated 22-12-2003 (copy enclosed as Annexure-VA), he shall be allowed a deduction in the computation of his total income, of the whole of the amount so paid or deposited as does not exceed ten per cent of his salary in the previous year.

Where, in the case of such an employee, the Central Government makes any contribution to his account under such pension scheme, the employee shall be allowed a deduction in the computation of his total income, of the whole of the amount contributed by the Central Government as does not exceed ten per cent of his salary in the previous year.

Where any amount standing to the credit of the assessee in his account under such pension scheme, in respect of which a deduction has been allowed as per the provisions discussed above, together with the amount accrued thereon, if any, is received by the assessee or his nominee, in whole or in part, in any financial year,—

(a) on account of closure or his opting out of such pension scheme; or

(b) as pension received from the annuity plan purchased or taken on such closure or opting out,

the whole of the amount referred to in clause (a) or clause (b) above shall be deemed to be the income of the assessee or his nominee, as the case may be, in the financial year in which such amount is received, and shall accordingly be charged to tax as income of that financial year.

Where any amount paid or deposited by the assessee has been allowed as a deduction under this section, no rebate with reference to such amount shall be allowed under section 88.

For the purposes of deduction under section 80CCD, “salary” includes dearness allowance, if the terms of employment so provide, but excludes all other allowances and perquisites.

(3) Under section 80D, in the case of the following categories of persons, a deduction can be allowed for a sum not exceeding Rs. 10,000 per annum to the extent payment is made by cheque out of their income chargeable to tax to keep in force an insurance on the health of the categories of persons mentioned below provided that such insurance shall be in accordance with a scheme framed in this behalf by—

(a) the General Insurance Corporation of India formed under section 9 of the General Insurance Business (Nationalization) Act, 1972 and approved by the Central Government in this behalf; or

The categories of persons are:

(i) where the assessee is an individual, any sum paid to effect or to keep in force an insurance on the health of the assessee or on the health of the wife or husband, dependent parents or dependent children of the assessee.

(ii) where the assessee is a Hindu Undivided Family, any sum paid to effect or to keep in force an insurance on the health of any member of the family.

However, the deduction can be allowed for a sum not exceeding Rs. 15,000 per annum where the assessee or his wife or husband, or dependent parents or any member of the family (in case the assessee is a Hindu Undivided Family) is a senior citizen which means an individual resident in India who is of the age of sixty-five years or more at any time during the relevant previous year.

(4) Under section 80DD, where an assessee, who is a resident in India, has, during the previous year,—

(a) incurred any expenditure for the medical treatment (including nursing), training and rehabilitation of a dependant, being a person with disability; or

the assessee shall be allowed a deduction of a sum of fifty thousand rupees from his gross total income of that year, subject to the conditions listed below:

However, where such dependant is a person with severe disability, an amount of seventy-five thousand rupees shall be allowed as deduction subject to the specified conditions.

The deduction under this section shall be allowed only if the following conditions are fulfilled:—

For the purposes of section 80DD,—

(a) “Administrator” means the Administrator as referred to in clause (a) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002);

(b) “dependant” means—

(i) in the case of an individual, the spouse, children, parents, brothers and sisters of the individual or any of them;

(ii) in the case of a Hindu undivided family, a member of the Hindu undivided family, dependant wholly or mainly on such individual or Hindu undivided family for his support and maintenance, and who has not claimed any deduction under section 80U in computing his total income for the assessment year relating to the previous year;

(c) “disability” shall have the meaning assigned to it in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) and includes “autism”, “cerebral palsy” and “multiple disability” referred to in clauses (a), (c) and (h) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999);

(d) “Life Insurance Corporation” shall have the same meaning as in clause (iii) of sub-section (8) of section 88;

(e) “medical authority” means the medical authority as referred to in clause (p) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) or such other medical authority as may, by notification, be specified by the Central Government for certifying “autism”, “cerebral palsy”, “multiple disabilities”, “person with disability” and “severe disability” referred to in clauses (a), (c), (h), (j) and (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999);

(f) “person with disability” means a person as referred to in clause (t) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) or clause (j) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999);

(g) “person with severe disability” means—

(i) a person with eighty per cent or more of one or more disabilities, as referred to in sub-section (4) of section 56 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996); or

(ii) a person with severe disability referred to in clause (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999);

(h) “specified company” means a company as referred to in clause (h) of section 2 of the Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002).]

(5) Under section 80E of the Act a deduction will be allowed in respect of repayment of loan taken for higher education, subject to the following conditions:

Provided that the amount which may be so deducted shall not exceed forty thousand rupees.

(ii) The deduction specified above shall be allowed in computing the total income in respect of the initial assessment year and seven assessment years immediately succeeding the initial assessment year or until the loan referred to above together with interest thereon is paid by the assessee in full, whichever is earlier.

For this purpose—

(c) “higher education” means full-time studies for any graduate or post-graduate course in engineering medicine, management, or, for post-graduate course in applied sciences or pure sciences, including mathematics and statistics;

(d) “initial assessment year” means the assessment year relevant to the previous year, in which the assessee starts repaying the loan or interest thereon.

(6) No deduction should be allowed by the D.D.O. from the salary income in respect of any donations made for charitable purposes. The tax relief on such donations as admissible under section 80G of the Act, will have to be claimed by the tax payer in the return of income. However, D.D.O. on due verification may allow donations to following bodies to the extent of 50% of the contribution:

(i) Jawaharlal Nehru Memorial Fund.

(ii) The Prime Minister’s Drought Relief Fund

(iii) The National Children’s Fund,

(iv) The Indira Gandhi Memorial Trust,

(v) The Rajiv Gandhi Foundation.

and to the following bodies to the extent of 100% of the contribution:

i. National Defence Fund or The Prime Minister’s National Relief Fund.

ii. The Prime Minister’s Armenia Earthquake Relief Fund.

iii. The Africa (Public Contributions - India) Fund.

iv. The National Foundation for Communal Harmony.

v. Chief Minister’s Earthquake Relief Fund - Maharashtra.

vi. National Blood Transfusion Council.

vii. State Blood Transfusion Council.

viii. Army Central Welfare Fund.

ix. Indian Naval Benevolent Fund.

x. Air Force Central Welfare Fund.

xi. The Andhra Pradesh Chief Minister’s Cyclone Relief Fund - 1996.

xii. The National Illness Assistance Fund.

xiii. The Chief Minister’s Relief Fund or Lieutenant Governor’s Relief Fund in respect of any State or Union Territory as the case may be, subject to certain conditions.

xiv. The University or Educational Institution of national eminence approved by the Prescribed Authority.

xv. The National Sports Fund to be set up by Central Government.

xvi. The National Cultural Fund set up by the Central Government.

xvii. The Fund for Technology Development and Application set by the Central Govt.

xviii. The National Trust for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple disabilities.

(7) Under section 80GG of the Act an assessee is entitled to a deduction in respect of house rent paid by him for his own residence. Such deduction is permissible subject to the following conditions :—

(a) the assessee has not been in receipt of any House Rent Allowance specifically granted to him which qualifies for exemption under section 10(13A) of the Act;

(b) the assessee files the declaration in Form No. 10 BA. (Annexure-VII)

(d) The assessee does not own:

(i) any residential accommodation himself or by his spouse or minor child or where such assessee is a member of a Hindu Undivided Family, by such family, at the place where he ordinarily resides or performs duties of his office or carries on his business or profession; or

(ii) at any other place, any residential accommodation being accommodation in the occupation of the assessee, the value of which is to be determined under sub-clause (i) of clause (a), or as the case may be, clause (b) of sub-section (2) of section 23: The Drawing and Disbursing Authorities should satisfy themselves that all the conditions mentioned above are satisfied before such deduction is allowed by them to the assessee. They should also satisfy themselves in this regard by insisting on production of evidence of actual payment of rent.

(8) Section 80L of the Income-tax Act allows deduction of interest from certain specified investments including interest on bank deposits and certain securities. A normal deduction of upto Rs. 12,000 may be allowed. An additional deduction of Rs. 3,000 for interest on Government Securities is separately available.

(9) Under section 80U, in computing the total income of an individual, being a resident, who, at any time during the previous year, is certified by the medical authority to be a person with disability, there shall be allowed a deduction of a sum of fifty thousand rupees.

However, where such individual is a person with severe disability, a higher deduction of seventy-five thousand rupees shall be allowable.

Tax rebate

6. An assessee, being an individual, will be entitled to tax rebates under Chapter VIII of the Income-tax Act as given below:

(1) Payment of insurance premium to effect or to keep in force an insurance on the life of the individual, the wife or husband or any child of the individual.

(3) Any sum deducted from the salary payable by, or, on behalf of the Government to any individual, being a sum deducted in accordance with the conditions of his service for the purpose of securing to him a deferred annuity or making provision for his wife or children, in so far as the sum deducted does not exceed 1/5th of the salary;

(4) Any contribution made :

(a) by an individual to any Provident Fund to which the Provident Fund Act, 1925 applies;

(d) by an employee to an approved superannuation fund;

It may be noted that “contribution” to any Fund shall not include any sums in repayment of loan;

(6) Any subscription :—

(a) to any such security of the Central Government or any such deposit scheme as the Central Government may, by notification in the Official Gazette, specify in this behalf;

(7) Any sum paid as contribution in the case of an individual, for himself, spouse or any child,

(a) for participation in the Unit Linked Insurance Plan, 1971 of the Unit Trust of India;

(b) for participation in any unit-linked insurance plan of the LIC Mutual Fund notified by the Central Government under clause (23D) of section 10.

(8) Any subscription made to effect or keep in force a contract for such annuity plan of the Life Insurance Corporation as the Central Government may by notification in the Official Gazette, specify;

(9) Any subscription not exceeding rupees ten thousand, made to any units of any Mutual Fund, notified under clause (23D) of section 10, by the Unit Trust of India established under the Unit Trust of India Act, 1963, under any plan formulated in accordance with any scheme as the Central Government, may, by notification in the Official Gazette, specify in this behalf.

(10) Any contribution made by an individual to any pension fund set up by any Mutual Fund notified under clause (23D) of section 10, or, by the Unit Trust of India established under the Unit Trust of India Act, 1963, as the Central Government may, by notification in the Official Gazette, specify in this behalf.

(12) Any subscription made to any such deposit scheme (not being a scheme the interest on deposits whereunder qualifies for deduction under section 80L), as the Central Government may, by notification in the Official Gazette, specify for the purpose of being floated by (a) public sector companies engaged in providing long-term finance for construction or purchase of houses in India for residential purposes, or, (b) any authority constituted in India by, or, under any law, enacted either for the purpose of dealing with and satisfying the need for housing accommodation or for the purpose of planning, development or improvement of cities, towns and villages, or for both.

(13) Any sums paid by an assessee for the purpose of purchase or construction of a residential house property, the income from which is chargeable to tax under the head “Income from house property” (or which would, if it has not been used for assessee’s own residence, have been chargeable to tax under that head) where such payments are made towards or by way of any instalment or part payment of the amount due under any self-financing or other scheme of any Development Authority, Housing Board etc. The deduction will also be allowable in respect of re-payment of loans borrowed by an assessee from the Government, or any bank or Life Insurance Corporation, or National Housing Bank, or certain other categories of institutions engaged in the business of providing long term finance for construction or purchase of houses in India. Any repayment of loan borrowed from the employer will also be covered, if the employer happens to be a public company, public sector company or a university established by law or a college affiliated to such university, or a local authority or a cooperative society. The stamp duty, registration fee and other expenses incurred for the purpose of transfer shall also be covered. Payment towards the cost of house property, however, will not include, admission fee or cost of share or initial deposit or the cost of any addition or alteration to, or, renovation or repair of the house property which is carried out after the issue of the completion certificate by competent authority, or after the occupation of the house by the assessee or after it has been let out. Payments towards any expenditure in respect of which the deduction is allowable under the provisions of section 24 of the Income-tax Act will also not be included in payments towards the cost of purchase or construction of a house property. Where the house property in respect of which deduction has been allowed under these provisions is transferred by the tax-payer at any time before the expiry of five years from the end of the financial year in which possession of such property is obtained by him or he receives back, by way of refund or otherwise, any sum specified in section 88(2)(xv), no deduction under these provisions shall be allowed in respect of such sums paid in such previous year in which the transfer is made and the aggregate amount of deduction of income tax so allowed in the earlier years shall be added to the tax on the total income of the assessee with which he is chargeable for such assessment year. It may be noted that the amount which will qualify for tax rebate in respect of this item will not exceed Rs. 20,000.

It is clarified that any payment towards any development fees or donation or payment of similar nature does not qualify for rebate under these provisions.

(15) Subscription to equity shares or debentures forming part of any eligible issue of capital made by a public company or by any public finance institution, which is approved by the Board.

(16) Subscription to any units of any mutual fund referred to in clause (23D) of Section 10 and approved by the Board for this purpose.

Total amount qualifying for rebate under section 88 :

(17) There is an overall limit of Rs. 1,00,000 invested in various items mentioned in sub-paras (1) to (16) of para 6, which qualifies for rebate under section 88. Out of this, amounts invested in items mentioned in sub-paras (1) to (14) can be up to a maximum of Rs. 70,000. Further, instalments paid towards purchase or construction of a residential house, as discussed in sub-para (13) would qualify for rebate only with respect to a maximum amount of Rs. 20,000. Moreover, the qualifying amount for rebate for tuition fees paid, as discussed in sub-para (14) would not exceed an amount of Rs. 12,000 per child.

It is further provided that the amount of premium or other payment made on an insurance policy (other than a contract for deferred annuity mentioned in sub-para (2) shall be eligible for rebate only to the extent of 20 percent of the actual capital sum assured. In calculating any such actual capital sum, the following shall not be taken into account) :

(i) the value of any premiums

Nil

Particulars

Particulars

Nil

Rupees