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TDS on Salaries - Income Tax Department

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under an arms’ length transacti<strong>on</strong> as reduced by the employee’s<br />

c<strong>on</strong>tributi<strong>on</strong>. [ Rule 3 (7) (ix)]<br />

3.3.8 Security or sweat equity share. Employer stock opti<strong>on</strong><br />

where any specified security or sweat equity share is provided by<br />

the employer to the employee(being an equity share in a company)<br />

the value of perquisite, <strong>on</strong> the date <strong>on</strong> which the opti<strong>on</strong> is exercised<br />

by the employee, shall be; the average of the opening and closing<br />

price of the share in the listed recognized stock exchange.<br />

Where <strong>on</strong> the date of exercising of the opti<strong>on</strong> the share is<br />

listed in more than <strong>on</strong>e stock exchange, then the opening and closing<br />

values in the stock exchange recording trading the highest value of<br />

that shares trading, will be taken. Further, in case no trading in that<br />

share takes place <strong>on</strong> the day of exercise of the opti<strong>on</strong> the closing<br />

price <strong>on</strong> the closest date preceding the date of exercise of opti<strong>on</strong><br />

shall be taken in case the share is listed in more than <strong>on</strong>e exchange<br />

then the value of exchange recording highest transacti<strong>on</strong> shall be<br />

taken. In case of a share not listed <strong>on</strong> a stock exchange the value<br />

as determined by a merchant banker <strong>on</strong> the specified date shall be<br />

taken. [Rule 3 (8)]<br />

EXEMPTIONS FROM SALARY<br />

INCOME<br />

3.4.1 Secti<strong>on</strong> 10 of the I.T.Act provides for certain categories<br />

of payments to be exempt from taxati<strong>on</strong>, either wholly or partly.<br />

Such payments are not to be included under the head ‘salary’ for<br />

computing the tax deductible. Some of these are listed below and<br />

are discussed in detail in Chapter-5 of this booklet.<br />

i) Death cum retirement gratuity or any other gratuity:<br />

Exempt to the extent specified u/s 10(10).<br />

ii) Commutati<strong>on</strong> of pensi<strong>on</strong> - Exempt to the extent as provided<br />

in Sec 10(10A)<br />

iii) Leave encashment - Exempt to the extent provided in Sec<br />

10(AA).<br />

iv) Retrenchment Compensati<strong>on</strong> - exempt to the extent<br />

provided by Secti<strong>on</strong> 10(10B).<br />

v) Compensati<strong>on</strong> <strong>on</strong> voluntary retirement - Exempt to the<br />

extent provided by Sec 10(10C)<br />

vi) Payment from provident fund - Exempt to the extent<br />

provided in Sec. 10(11) & Sec 10(12).<br />

vii) Payment from approved superannuati<strong>on</strong> fund - Exempt<br />

under Secti<strong>on</strong> 10(13).<br />

viii) Interest income & investments - As provided u/s 10(15).<br />

ix) Exempti<strong>on</strong> of pensi<strong>on</strong>/family pensi<strong>on</strong> to awardees of<br />

PVC, MVC and VC: Clause (18) of secti<strong>on</strong> 10 provides for<br />

exempti<strong>on</strong> of any income by way of pensi<strong>on</strong> received by an<br />

individual or family pensi<strong>on</strong> received by any member of the<br />

family of an individual who has been in the service of the<br />

Central Government or State Government and has been<br />

36<br />

37

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