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TDS on Salaries - Income Tax Department

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awarded “Param Vir Chakra” or “Maha Vir Chakra” or “Vir<br />

Chakra” or such other gallantry award as may be specifically<br />

notified by the Central Government.<br />

3.4.2 Exempti<strong>on</strong> of Allowances: There are various other<br />

receipts besides the above given regularly in additi<strong>on</strong> to salary for<br />

meeting specific requirements of the employee. These are referred<br />

to as allowances, in comm<strong>on</strong> parlance and taxability of some of<br />

these are discussed here.<br />

(i) Leave travel c<strong>on</strong>cessi<strong>on</strong>: - The value of any travel<br />

c<strong>on</strong>cessi<strong>on</strong> or assistance accrued by or due to an employee<br />

from his employee or former employer in c<strong>on</strong>necti<strong>on</strong> of his<br />

proceeding <strong>on</strong> leave (a) to any place in India (b) to any place<br />

in India <strong>on</strong> retirement or after terminati<strong>on</strong> of service. The<br />

amount exempt as prescribed in Rule 2B is the amount actually<br />

incurred <strong>on</strong> performance of travel <strong>on</strong> leave in India by the<br />

shortest route to that place, subject to ec<strong>on</strong>omy air fare or<br />

A.C. Ist class fare. This exempti<strong>on</strong> is available <strong>on</strong>ly in respect<br />

of two journeys in a block of 4 calendar years.<br />

(ii) House Rent allowance - House rent allowance granted to<br />

the employee is exempt u/s 10(13A) to the following extent;<br />

Provided expenditure <strong>on</strong> rent is actually incurred, the amount<br />

of exempti<strong>on</strong> granted is the least of<br />

(1) HRA received<br />

(2) Rent paid Less 10% of salary<br />

(3) 40% of salary (50% in case of Mumbai, Chennai, Kolkata &<br />

Delhi) salary means b<strong>on</strong>us + Dearness allowance. where<br />

provided by terms of employment.<br />

It has to be noted that <strong>on</strong>ly the expenditure actually incurred<br />

<strong>on</strong> payment of rent in respect of residential accommodati<strong>on</strong> occupied<br />

by the assessee subject to the limits laid down in rule 2A, qualifies<br />

for exempti<strong>on</strong> from income-tax. Thus, house rent allowance granted<br />

to an employee who is residing in a house/flat owned by him is not<br />

exempt from income-tax. The disbursing authorities should satisfy<br />

themselves in this regard by insisting <strong>on</strong> producti<strong>on</strong> of evidence of<br />

actual payment of rent before excluding the house rent allowance<br />

or any porti<strong>on</strong> thereof from the total income of the employee.<br />

Though incurring actual expenditure <strong>on</strong> payment of rent is a<br />

Perquisite for claiming deducti<strong>on</strong> under secti<strong>on</strong> 10(13A), it has been<br />

decided as an administrative measure that salaried employees<br />

drawing house rent allowance upto Rs. 3,000 per m<strong>on</strong>th will be<br />

exempted from producti<strong>on</strong> of rent receipt. It may, however, be noted<br />

that this c<strong>on</strong>cessi<strong>on</strong> is <strong>on</strong>ly for the purpose of tax deducti<strong>on</strong> at source,<br />

and, in the regular assessment of the employee, the Assessing<br />

Officer will be free to make such inquiry as he deems fit for the<br />

purpose of satisfying himself that the employee has incurred actual<br />

expenditure <strong>on</strong> payment of rent.<br />

(iii) Allowances exempt u/s 10(14): Certain allowances given<br />

by the employer to the employee are exempt u/s 10(14) w.e.f.<br />

1-7-1995, all these exempt allowance are detailed in Rule 2BB<br />

of <strong>Income</strong> <strong>Tax</strong> Rules and are briefly given below:<br />

(i) Allowance granted to meet cost of travel <strong>on</strong> tour or<br />

transfer.<br />

(ii)<br />

Allowance granted <strong>on</strong> tour or journey in c<strong>on</strong>necti<strong>on</strong> with<br />

transfer to meet the daily charges incurred by the<br />

employee.<br />

(iii) Allowance granted to meet c<strong>on</strong>veyance expense incurred<br />

in performance of duty, provided no free c<strong>on</strong>veyance is<br />

provided.<br />

(iv) Allowance granted to meet expenses incurred <strong>on</strong> a helper<br />

engaged for performance of official duty.<br />

(v) Academic, research or training allowance granted in<br />

educati<strong>on</strong>al or research instituti<strong>on</strong>s.<br />

38<br />

39

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