The common people who earns his livehood by the way of employment
requires to pay tax on his earning, hence it is very important to them to
understand the tax implications on salary by given below case laws:
TAXABLE
ESOP: Conversion of
warrants into equity shares under scheme ,benefit extended to assessee by
virtue of employment hence difference between price of shares at time of
exercise of option and predetermined price is liable to tax as perquisite u/s.
17(2)(iiia). Refer, Tripti Sharma (Smt.), (2010) 1 ITR 471.
Club: Club
membership expenses should considered as perquisites. Refer, CIT v Wipro
Systems, 325 ITR 234.
Tips: Payment of
banquet and restaurant tips to the employees of assessee in its capacity as
employer constitutes salary with in the meaning of section 15 read with section
17 (3) . Refer, CIT v ITC Ltd, 59 DTR 312/ 243 CTR 114 (Delhi) (High Court).
Repairs of House Property: Expenditure on
repair of residential accommodation occupied by employee is perquisite
Rule 3. Scott R. Bayman v. CIT, 76 DTR 113 (Delhi)(High Court).
NOT
TAXALBE
Interest free Rental deposit: Interest free
security deposit given for employee residence on rent is not a
perquisite. Refer, CIT V Vijay Singh, 323 ITR 446. Same also confirmed in
the case of CIT v. Shankar Krishnan, 207 Taxman 233 (Bom) (High Court).
Uniform Allowance: Attire
Allowance is exempt. Refer, CIT v Micro Land Limited, 323 ITR 670 Kar.
Restrictive Payment:
In the case of CIT vs. A. K. Khosla, 39 DTR 82 (Mad.), it was
held that Non compete fee received by assessee from the employer company on his
retirement for not to take up any employment is a capital receipt and it can
not come under the term “profits in lieu of salary”. Section 17(3)(iii)
inserted by Finance Act 2001, w.e.f. 1st April 2002, is prospective and applicable
only to Asst. Year 2002-03 onwards.
Voluntary Retirement: It was held
that amounts up to five lakhs of rupees received on voluntary retirement
entitled to exemption u/s. 10(10C). Amount in excess of five lakhs of rupees
was entitled to relief u/s. 89. Refer, Koodathil Kallyatan Ambujakshan, (2009)
309 ITR 113.
Transport: Pick-up
and drop facility to employees between the specified points is not a
perquisite. Refer, WNS Global Services (P) Ltd., 33 SOT 445.
Tax on perquisite: Tax borne by employer on perqusite of Employees would
constitute Non Monetary Benefits and as such same is exempted u/s 10 (10CC).
Refer, Tranocean Discover LLC v ACIT, 6 taxmann.com 18 - Delhi – ITAT.
Same had also confirmed in the case of Mitsubishi Corporation v CIT, 200
Taxman 372 and Isaco Sakai v. Jt. CIT, 49 SOT 154 (Delhi)(Trib.).
School Fees: Assessee
school was providing free educational facilities to wards of teachers / staff
members and cost of education was less than Rs 1000 per month per child,
assessee was entitled to benefit of proviso to rule (3) ( 5) and consequently ,
could not be treated as assessee in default. Refer, CIT v Delhi Public School,
203 Taxman 81/ 63 DTR 325 (Delhi) (High Court).
Key-man Insurance: Surrender
value cannot be taxed as profit in lieu of salary.( 2(24(xi), 56 ). Refer, CIT
v.Rjan Nanda, 249 CTR 141/69 DTR 250 (Delhi) (High Court).
CLARIFICATIONS
LTA: There is no need to
verify LTA details. Refer, CIT V Larsen & Toubro Limited, 313 ITR 1 SC.
Value of Accommodation: Salary for
purpose of valuation of perquisite value of accommodation is based on Annual
salary from one or two or more employers. Refer, Pratim B Mekerjea V ACIT, ITA
Nos. 2628 MUM / 2005 dated 17-2-2010.
Discounted Loan: Where
loan was granted by an employer at rate of interest less than lending rate of
State Bank of India, such a loan is to be regarded as a concessional loan and
consequently, value of perquisite thereon is to be calculated. Refer, All India
Punjab National Bank Officer’s Association vs. Chairman-cum-Managing Director,
Punjab, 190 Taxman 221 (MP).
MP Remuneration: Remunerations
received by the MLAs and MPs cannot be taxed under the head income from salary
but can only be taxed under the head income from other sources. Refer, M.
Venkata Subbaiah vs. ITO, 47 DTR 403 (Visakha)(Trib.).