Lecture 4to9 - Salary
Lecture 4to9 - Salary
Lecture 4to9 - Salary
Payer and payee must have employer and employee (or Master & Servant) relationship; and
• Payment must have been made by the employer in such capacity
Basis of Charge [Section 15]
(i) Salary is chargeable to tax either on ‘due’ basis or on ‘receipt’ basis, whichever is earlier.
(ii) However, where any salary, paid in advance, is assessed in the year of payment, it cannot be
subsequently brought to tax in the year in which it becomes due.
(iii) If the salary paid in arrears has already been assessed on due basis, the same cannot be taxed again
when it is paid.
Employer includes –
o Former
o Present
o Multiple employers
As per sec. 17(1) of the Income-tax Act, 1961, salary includes the following (Charging Section):
a) Wages;
c) Any gratuity;
d) Any fees, commission, perquisite or profits in lieu of or in addition to any salary or wages;
f) Any payment received in respect of any period of leave not availed of by the Assessee;
g) The portion of the annual accretion in any previous year to the balance at the credit of an
employee, participating in recognized provident fund, to the extent it is taxable;
i) Contribution made by the employer in the previous year, to the account of an employee under
a pension scheme referred to in sec. 80CCD [National Pension Scheme and Atal Pension
Yojana].
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Gratuity
Gratuity is a retirement benefit given by the employer to the employee in consideration of past
services. Sec.10(10) deals with the exemptions from gratuity income. Such exemption can be
claimed by a salaried Assessee Gratuity received by an Assessee other than employee shall not
be eligible for exemption u/s 10(10). E.g. Gratuity received by an agent of LIC of India is not
eligible for exemption u/s 10(10) as agents are not employees of LIC of India.
If gratuity becomes due before the death of the Assessee (no matter when and by whom
received), it shall be taxable in the hands of employee. Whereas if gratuity becomes due after the
death of Assessee, it shall not be taxable (even in the hands of legal heir of the Assessee).
Gratuity
Fully Taxable
Government Non-Government
Employees Employees
Fully Exempt
Covered under Not covered
Payment of underpayment of
Gratuity Act, 1972 Gratuity Act, 1972
Least of the
following would be
exempt: Least of the following would
be exempt:
- Rs 20 lakh
- Rs. 20 lakhs
- Gratuity received
- Gratuity received
- 15/26 * Last drawn
Salary pm * Number
- ½ * Salary * completed
of years of service
number years of service (ignore
(where > 6 moths =
fraction of years
1 year.
Commuted Uncommuted
Lumpsum)d (Monthly)
Pension means a periodical payment received by an employee after his retirement. On certain
occasions,employer allows to withdraw a lump sum amount as the present value of periodical
pension. When pension is received periodically by employee, it is known as Uncommuted
pension. On the other hand, pension received in lump sum is known as Commuted pension. Such
lump sum amount is determined considering factors like the age and health of the recipient, rate
of interest, etc.
Pension received by a widow or legal heir of a deceased employee shall not be taxable as
salary but taxable u/s 56 as income from other sources (further refer chapter “Income from
other sources”.)
Pension received from United Nations Organisation is not taxable. Further, pension
received by a widow of the United Nations ex-officials from UN Joint Staff Pension Fund is
also exempt
Illustration
Mr. Amit has retired from his job on 31/3/2019. From 1/4/2019, he was entitled to a pension of
Rs. 3,000 p.m. On 1/8/2019, he got 80% of his pension commuted and received Rs.1,20,000.
Compute taxable pension if he is:
Case a) Government employee; Case b) Non- Government employee & not receiving gratuity
Case c) Non-Government employee (receiving gratuity)
ALLOWANCES
Exemption Exemption
based on based on
Expenditure Amount:
House Rent made by 1.Children
Allowance(HRA) employee Education
1.Travelling (T) Allowance-
Rs.100 per
2.Daily (D) month per child
3.Conveyance( 2.Children
C) Hostel
allowance-
4.Helper (H)
Rs.300 per
5.Research (R ) month per child
6.Uniform ( U )
a) Salary shall be determined on due basis for the period for which the employee occupies rented
accommodation in the previous year and gets HRA.
b) Exemption is not available if employee lives in his own house, or in a house for which he does
not pay any rent.
c) For criteria of 50% or 40% of salary as deduction, place of employment is not significant but
place where the house is situated is important.
d) Deduction from HRA depends on Salary of the employee, Amount of HRA, place of
residence (not place of employment), rent paid by the employee.
Illustration 1
X, a resident of Ajmer, receives Rs. 48,000 as basic salary (per month) during the previous
year 2019-20. In addition, he gets Rs. 6,800 (per month) as dearness allowance forming part
of basic salary, and Rs.6,000 (per month) as house rent allowance. He, however, pays Rs.
5,800(per month) as house rent. Determine the quantum of exempted house rent allowance.
Illustration 2 (HW)
Compute the taxable house rent allowance of Mr. Abhijeet from the following data:
• Basic Salary Rs. 5,000 p.m., D.A. Rs.2,000 p.m., HRA Rs. 4,000 p.m., Rent paid Rs. 4,000
p.m. in Pune.
• On 1/07/2019, there is an increment in Basic salary by Rs. 1,000.
• On 1/10/2019, employee hired a new flat in Kolkata at the same rent as he was posted to
Kolkata.
• On 1/01/2020, employee purchased his own flat and resides there.
Perquisites:
In common parlance, perquisite means, any casual emoluments or benefits attached to an office
or position, in addition to salary or wages, which is availed by an employee. In other words,
perquisites are the benefits in addition to normal salary.
Notes
a) Where worth of gift is in excess of Rs. 5,000 then amount in excess of Rs. 5,000 shall be
taxable.
b) No such exemption (Rs.5,000) is available on gift made in cash or convertible into money
(gift cheque)
Mr. Y works XYZ ltd.2019-2020:
1.Watch- 15,000
2.Voucher -7000
3.Refrigerator-25,000
Answer-Rs.242000
HW
Mr. Sham was working for Astar motors ltd for a period of 15 years and 5 months. He resigned from
Astar motors on 1st February 2020 and started his own consultancy. He joined Seven star ltd on 1st April
2020 for a monthly salary of Rs.1,50, 000.Following are details of his Income received from Astar Ltd.
He receives consultancy charges amounting to Rs.2,00,00 for Previous year 2019-2020.Compute Income
under the head Salary for Mr. Sham for A.Y.2020-2021 PY 2019-2020
Mr.
MMr
Lal
MrM.
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