Upload
jidnyasaproject
View
221
Download
0
Embed Size (px)
Citation preview
8/12/2019 61364386 Income From Salaries
1/30
Income from Salaries
Masters of Commerce
(Accountancy)
Semester III
Submitted
In partial Fulfilment of the requirements
For the Award of Degree of
Masters of Commerce (Accountancy)
By
JIDNYASA B B!"I#
___________________________________________________________
$I$%& C"''%% " C"MM%#C%
I!" C#$$!%! AD' IDDA&* +A%A&
%#&!%A#+ , (-)' M.MBAI/011 1234
5
8/12/2019 61364386 Income From Salaries
2/30
$I$%& C"''%% " C"MM%#C%
$I$%& C"''%% #"AD* SIDD!A#+! NAA#
"#%A"N , (-)* M.MBAI/011 123
C%#+IICA+%
*his is to certify that 6ID+7AA B4 B#I& of
M4com/II Accountancy emester III (3158/3150) ha9e
uccessfully completed the pro:ect on
Income from Salaries
.nder the
%uidance of ;rof< ;radip athi
_________ __________
Internal %uide !=ternal %uide
_________ __________
Coordinator ;rincipal
3
8/12/2019 61364386 Income From Salaries
3/30
D%C'A#A+I"N
I JIDNYASA B B!"I#the student of M4 Com4/II
Accountancy emester III (3158/3150) here>y
Declare that I ha9e completed the pro:ects on
Income from Salaries
*he information su>mitted is true and original to
the >est of my "nowledge4
4444444444444444
JIDNYASA B B!"I# Date5
8
8/12/2019 61364386 Income From Salaries
4/30
8/12/2019 61364386 Income From Salaries
5/30
IND%le 9alue of cash allowances
04 *a=a>le 9alue of perquisites
4 &etirement Benefits
Although' all the components of salary income are included in salary' thereare
certain incomes in each of these categories' which are either fully e=empt or
e=empt upto a certain limit4 *he aggregate of the a>o9e incomes' after the
e=emption(s) a9aila>le' if any' is ?nown as %ross alary4
Under the Incometa! Act "Salary" includes #
-ages
Annuity or pension
%ratuity
Fees'commission'perquisites or profits in lieu of salary
Ad9ance of alar G arrears of salaryH
&eceipt from ;ro9ident Fund
Contri>ution of employer to a &ecognised ;ro9ident Fund in e=cess of the
prescri>ed limit
$ea9e !ncashment
Compensation as a result of 9ariation in er9ice contract etc4
Salary $%e5 Any income due from an em:loyer to an em:loyee* 7;et;er
:aid or not +;is is also true if t;e income is due from a former
em:loyer
E
http://business.gov.in/outerwin.php?id=http://www.taxmann.com/TaxmannDit/DispCitation/htmpage.aspx?fn=http://www.taxmann.com/DitTaxmann/IncomeTaxActs/2005ITAct/section15.htmhttp://business.gov.in/outerwin.php?id=http://www.taxmann.com/TaxmannDit/DispCitation/htmpage.aspx?fn=http://www.taxmann.com/DitTaxmann/IncomeTaxActs/2005ITAct/section15.htmhttp://business.gov.in/outerwin.php?id=http://www.taxmann.com/TaxmannDit/DispCitation/htmpage.aspx?fn=http://www.taxmann.com/DitTaxmann/IncomeTaxActs/2005ITAct/section15.htm8/12/2019 61364386 Income From Salaries
8/30
Advance Salary5 Any salary :aid by an em:loyer to an em:loyee e?en t;ou8; it
7as not due or 7as :aid before t;e due date +;is is also true if t;e ad?ance
salary ;ad been :aid by a former em:loyer
Arrears o Salary5Any arrears of salary paid to an employee >y an
employer' for which income ta= had not >een pre9iously deducted4 *his is
also true in case the arrears are paid >y a former employee4
E!loyee# e!loyer and e!loy!en$ areessential components of income
from salary&'hich are defined as %nder# /
%m:loyee means an indi9idual engaged in
e!loy!en$4
%m:loyer means any person who engages and
remunerates an indi9idual engaged in
e!loy!en$4
%m:loyment includes ,
A directorship or any other office in9ol9ed
in the management of a company4
A position entitling the holder to a fi=ed or
ascertaina>le remunerationH or
*he holding or acting in any pu>lic office44
%HAT IS THE &LACE OF ACCRUAL OF SALARY'
+;e 8olden rule is t;at it accrues 7;ere t;e ser?ice is rendered 'ea?e salary
:aid to a :erson em:loyed in India on lea?e to a forei8n country is treated to be
t;e arisen in India !o7e?er* if a citi@en of India ser?ice outside India and
recei?es salary from t;e of India* it 7ould be ta>able as salary to ;a?e accrued in
India
8/12/2019 61364386 Income From Salaries
9/30
&ENSIONS TO (E TA)ED AS SALARY'
;ensions are ta=ed under the head alaries4 *he of standard deduction is also
a9aila>le on them4
IS AD*ANCE SALARY TO (E TA)ED IN THE YEAR OF RECEI&T'
*he I4*4 Act contemplates ta= on salary which is due' whether paid or not' ta= is
attracted at the latest possi>le point of time which is the date when the salary accrues
or >ecomes due4 owe9er' where any salary paid in ad9ance is assessed in the year of
payment' it cannot >e ta=ed again when it >ecomes due4 imilarly' if arrears of salary
ha9e >een assessed on the due >asis in the past' they are not lia>le to >e ta=ed again
when they are paid4
%HAT IS TA) FREE SALARY AND HO% IS IT TA)ED'
-hen the salary is paid (ta!free( the employee has to return in his total income the
gross salary' i4e4 aggregate of the net/salary recei9ed plus the amount of ta= paid on
his >ehalf >y the employer4 It does not ma?e any difference whether the ta= is >orne
>y the employer 9oluntarily or under a contractual o>ligation
IS SALARY &AYA(LE FOR LEA*E+&ERIOD TO NON RESIDENTS TA)A(LE
E*EN IF LEA*E IS S&ENT OUTSIDE INDIA'
Yes*he salary paid for ser9ices rendered in India is regarded as income earned in
India' so as to specifically pro9ide that any salary paya>le for rest period or lea9e
period which is >oth proceeded or succeeded >y ser9ice in India forms part of the
ser9ice contract of employment will also >e regarded as income earned in India andso is to >e ta=ed4
Direc$ Co!ensa$ion
Basic :ay
Its the monthly >ase amount a person is entitled to4 *his is the >iggest part of the
pay' typically 1/21 per cent of the cost to the company (C*C)4 *he >asic tends to
form a higher portion of the salary at :unior le9els4 At senior le9els' the proportion of
>asic goes down and 9aria>le pay components such as target/lin?ed >onuses come
J
8/12/2019 61364386 Income From Salaries
10/30
into the picture4
Basic determines the other components of an employees pay such as pro9ident
fund (;F) contri>ution (>oth >y employee and employer) and house rent allowance'
entitlement to loans >y employers and' sometimes' designations and salary grades
are lin?ed to the >asic4
Dearness allo7ance
Dearness allowance is a part of a persons salary in India4 It is calculates as a percent
of the >asic salary4 *he amount calculated is then added to the >asic pay as well as
the &A to get the total salary4 It is calculated on the >asis of consumer price inde=4
Dearness allowance is >asically gi9en >y the company so that rise in prices of
consumer price inde= will >e compensated >y increase in dearness allowance4 As
consumer price inde= is 9ery 9olatile and 9aria>le dearness allowance is has a
separate heading in salary slip4
City com:ensatory allo7ance
City Compensatory allowance is an additional allowance4 It is not e=empted from ta=
li?e &A4 It ena>les the employee to >ear the high cost of li9ing pre9ailing in an
ur>an area or a city4 If an employee is stationed at a >igger city' the person is
required to spend more therefore the employer compensates the employee with
this allowance4
Indirec$ Co!ensa$ion
+ra?ellin8 allo7ance
It depends on area to area4 Con9eyance allowance is >asically paid to co9er an
employees wor?/related tra9el needs4 An employee has to tra9el during the :o> so
this ta?es care of the transportation e=penses4 .p to &s 11 is e=empt from ta=
e9ery month4
*his component helps ma?e the pay more ta=/efficient and influences the ta?e home
pay of those at lower le9els of pay4
9ro?ision for ne7s:a:er
In certain factoriesGesta>lishments the employees are reim>ursed the cost of
+ewspapers while in some other factoriesGesta>lishments the employees are paid
monthly newspapers allowance instead of reim>ursement of the cost of the
+ewspapers4 *his allowance is called newspaper allowance4
51
8/12/2019 61364386 Income From Salaries
11/30
+ele:;one allo7ance
All officers of M% III and a>o9e' all Branch Managers and other functionaries who
are permitted >y competent authority are eligi>le for this allowance4
In addition to free calls' reim>ursement will >e as undere defined as any casual emolument or >enefit attached to an office
or position in addition to salary or wages4 ;erquisite as defined in the Income ta= Act
includesy the
employer4
Any sum paid >y employer in respect of an o>ligation whichwas actually
paya>le >y the assessee4
alue of any >enefitGamenity granted free or at concessional rate to specified
employees etc4
*he followingperquisitesare not ta=a>le either under the e=ecuti9e instructions of the
Central Board of Direct *a=es or >y 9irtue of specific pro9ision in the ActG&ulesursement of e=penses in respect of car (which is owned >y
employee and used for personal and official purpose) (amount not
ta=a>le is up to &s4 5'311 per month for car ha9ing engine capacity of
53
http://business.gov.in/outerwin.php?id=http://www.taxmann.com/DitTaxmann/IncomeTaxActs/2006ITAct/Rules003.htmhttp://business.gov.in/outerwin.php?id=http://www.taxmann.com/DitTaxmann/IncomeTaxActs/2006ITAct/Rules003.htmhttp://business.gov.in/outerwin.php?id=http://www.taxmann.com/DitTaxmann/IncomeTaxActs/2006ITAct/Rules003.htm8/12/2019 61364386 Income From Salaries
13/30
8/12/2019 61364386 Income From Salaries
14/30
*he other ta=a>le perquisites which are ta=a>le in a prescri>ed manner include the
folio wing< /
a) alue of rent free accommodation pro9ided to the assessee >y his employer4
>) alue of concession in rent of accommodation pro9ided to the assessee >y his
employer4
c) Amount paya>le >y an employer directly or indirectly to effect an assurance on the
life of the employee or to effect a contract for an annuity' other than payment made
to recognised pro9ident fund etc4
d) Amount paid >y an employer in respect of any o>ligation which otherwise would
ha9e >een paya>le >y the employee' for e=ample / payment of income/ta=4
*alua$ion o er3uisi$es/ *he employer often gi9es some perquisites to the
employees4 alue of these perquisites is added to the income of employees4 *he
9aluation of perquisites is done as follows ut >elow 3 la?hs / 51L (c) In other cases / E4L4
In case of %o9ernment !mployees' 9alue will >e rent as per rules framed >y
%o9ernment' as reduced >y sum actually paid alary includes >asis' DA (if ta?en into
account for retirement >enefit)' >onus' commission' fees and all ta=a>le allowances4
*alua$ion o urnis4ed acco!!oda$ion / If accommodation is furnished' in addition
to a>o9e' 51L of cost of furniture (including *' radio' refrigerator' AC etc4)' if
owned >y employer' will >e treated as perquisite4 If the furniture is hired from third
party' actual hire charges less any amount reco9ered from employee will >e the
perquisite4
50
8/12/2019 61364386 Income From Salaries
15/30
5as elec$rici$y or 6a$er suly/ ome >enefits li?e gas' electricity' water are 9alued
at actual cost to employer4 If these are pro9ided from own sources' 9alue will >e
manufacturing cost incurred per unit' less amount reco9ered from employee4
Do!es$ic servan$s/ Actual cost to employer for sweeper' gardener' watchman or
personal attendant will >e 9alue of perquisite4
Use o !ova7le asse$s/ If some mo9a>le asset is pro9ided to employee' perquisite
will >e 51L of the cost of asset or rent paid' as reduced >y sum paid >y employee4
Loans $o e!loyees a$ concessional ra$e / Calculate interest on >asis of BI lending
rates' reduced interest paid >y employee and difference will >e the 9alue of
perquisite4
2+/ &er3uisi$es 64ic4 6ill 7e added $o salary
&emaining perquisites perquisites li?e motor car' lunch' refreshment' tra9elling'
touring' gift' credit card' clu> etc4 will >e added to salary and ta=ed in hands of
indi9idual (*ill 85/8/311J' FB* was paya>le >y employer and hence these were
e=empt at hands of employee)4
*alua$ion o !o$or car/4If car is owned or hired >y employer and pro9ided for
personal purposes of employees' 9aluation will >e e=penditure incurred >y employer
on running and maintenance plus remuneration of chauffer plus normal wear and tear
51L on actual cost less amount charged to employees4
If motor is partly for official and partly for personal purposes and e=penses are
reim>ursed >y employer' perquisite 9alue per month is &s 5'3111 per month if enginecu>ic capacity is upto 542 liters and &s 5'211 per month if cu>ic capacity of engine
e=ceeds 542 liters4
If motor is partly for official and partly for personal purposes and e=penses are
reim>ursed >y employer' perquisite 9alue per month is &s 5'311 per month if engine
cu>ic capacity is upto 542 liters and &s 5'211 per month if cu>ic capacity of engine
e=ceeds 542 liters4 If chauffer is pro9ided' 9alue of perquisite will >e &s 211 per
month4
5
8/12/2019 61364386 Income From Salaries
16/30
If motor is partly for official and partly for personal purposes and e=penses are met
>y employee' perquisite 9alue per month is &s 011 per month if engine cu>ic capacity
is upto 542 liters and &s 211 per month if cu>ic capacity of engine e=ceeds 542 liters4
If chauffer is pro9ided' 9alue of perquisite will >e &s 211 per month4
52
8/12/2019 61364386 Income From Salaries
17/30
CHA&TER /
ALLO%ANCE
KAllowanceK is defined as a fi=ed quantity of money or other su>stance gi9en
regularly in addition to salary for meeting specific requirements of the employees4
Most allowances are ta=a>le li?e city compensatory allowance' tiffin allowance' fi=ed
medical allowance and ser9ant allowances4 !ncashment of any concession is also
ta=a>le4
If A&! *!&! A+7 A$$#-A+C!' -IC A&! #+$7 < e=empt when
recei9ed at a particular place(s) Hpr area(s)N and do they ha9e any upper ceilings < for
e=emptionN
For the new amended &ules contain other allowances also 4which are e=empt (su>:ect
to ceilings) in particular area(s) only4 *hese special allowances are order area
allowance or remote area allowance or difficult area allowance or distur>ed area
allowanceH
ii) *ri>al Area AllowanceH
iii) Allowance granted to an employee wor?ing in any transport system to meet his
personal e=penditure during his duty performed in the course of running of such
transport from one place to another place' pro9ided that such employee is not in
receipt of daily allowanceH
TA)A(L# NON+TA)A(LE ALLO%ANCES
Children !ducation AllowanceH
5E
8/12/2019 61364386 Income From Salaries
18/30
Any allowance granted to an employee to meet the hostel e=penditure of his childH
Compensatory Field Area AllowanceH
Compensatory Modified Field Area AllowanceH
City com:ensatory allo7ancele4
orei8n Allo7ance
go9ernment to the Indian citi@en for rendering ser9ices outside India4
i>ed medicalallownacele4
9roect Allo7ancele4
Allowances to upreme courtGigh court 6udges le4
Ser?ant;el:er Allo7ancele 'if helper used for official purpose then
e=empted44
+rans:ort Allo7ance< ?nown also as '"DA'means allowance to meet
e=penses incurred for office to home and home to office is e=empted up to
11 per month ma=imum4
*iffin Allowance le 4
Allowance to meet the cost of tra9el on tour or on transfer(including amount paid for
pac?ing and transportation of personal effects on such transfer)ill) paid for purpose e=plained in point 55 a>o9e 'to
meet the ordinary daily charges on account of a>sence from his normal place of
duty)
8/12/2019 61364386 Income From Salaries
19/30
Allowance granted to employee wor?ing in transport system where no daily
allowance has not >een allowed to meet daily e=penses 'done to meet his personal
e=penses during duty performance from one place to other place le e=empted ma=imum up to 2111 per month4
Allowance granted for encouraging the academic 'research and other professional
pursuitsasic plus dp plus
da if term of employment so pro9ides)
o 1L of salary(same meaning as a>o9e)in case of rented house situated
in Bom>ay'Madras'Delhi or calcutta
o 01 L of salary 'if rented house is situated in any other places
!=emptions for salary income / Following are e=empt from income ta=/
*ransport allowance upto &s 11 per month granted to an employee to meet his
e=penditure for the purpose of commuting >etween place of residence and the place
of his duty4
Con9eyance and transport allowance granted to employee to meet cost of tra9el on
tour are e=empt4 Allowance granted to meet e=penditure incurred on con9eyance in
performance of duties of an office or employment are e=empt4 InLI) Officers94LI)
of India(3111) 553 *a=man 33E (Bom C DB)' it was held that con9eyance
allowance is e=empt only if e=pended for meeting e=penses wholly and necessarily
incurred or to >e incurred in performance of duties of office4 Con9eyance allowance
at flat rate irrespecti9e of place of residence' wor? and posting will not>e e=empt
from income ta=4
5J
8/12/2019 61364386 Income From Salaries
20/30
Con9eyance and transport allowance granted to employee to meet cost of tra9el on
transfer are e=empt4 !=penses granted to meet cost of tra9el on transfer and cost of
pac?ing and transportation of personal effects on such transfer are e=empt4
.se of employers 9ehicle or transport pro9ided for :ourney of employee from
residence to his place of wor? and >ac? is not treated as perquisite and its cost is not
treated as income4
&efreshments during office hours to employees and recreational facilities pro9ided to
group of employees are not treated as perquisites4
LTA8LTC/ $ea9e *ra9el AssistanceG$ea9e *ra9el Concession is allowed twice in a
>loc? of four years4 It is limited to amount actually spent on tra9elling of employee
and his family mem>ers4 It is limited to economy class of air fare or AC first class
fare Osection 51() of Income *a= Act and rule 3BP
*he allowance is e=empt su>:ect to amount of e=penses actually incurred >y the
employee for such tra9el4 *he employee will ha9e to ?eep account of actual e=penses
incurred4 It appears that actual tra9el >y air or AC is not required' >ut the o9erall
ceiling on e=penses is su>:ect to limit of air fare G rail fare4
edical $rea$!en$/ &eim>ursement of amount actually spent for medical treatment
upto &s 5'111 is e=empt in a financial year4 In addition' reim>ursement of insurance
premium for self' spouse' children and dependent >rothers' sisters and parents is
e=empt4
In case of treatment in %o9ernment or appro9ed hospital' or e=penditure on medical
treatment outside India' reim>ursement of medical e=penses is e=empt without any
ceiling
*RS 9*olun$ary Re$ire!en$:/ It is e=empt upto &s fi9e la?hs if & is as per
prescri>ed conditions4
Leave encas4!en$/ !ncashment of earned lea9e on retirement of employees of
CentralGtate %o9t is fully e=empt Osection 51(51AA)(i) of Income *a= ActP 4 $ea9e
encashment while in ser9ice is treated as part of salary4 In other cases' lea9e
31
8/12/2019 61364386 Income From Salaries
21/30
encashment of earned lea9e on retirement will >e lowest of 51 months salary' &s
three la?hs or actual sum recei9ed Osection 51(51AA)(ii) of Income *a= ActP
RENUMERA*ION FOR )OO+ERA*I,E *E)-NI)AL ASSIS*AN)E +RO,I$E$
AS +ER AGREEMEN* .E*/EEN GO,ERNMEN* OF IN$IA 0 FOREIGN
GO,ERNMEN* 1SE) 234567
)OMMI*E$ +ENSION 1SE)23423A67)OMMI*E$ +ENSION IS *-E
$IS)OUN*E$ AMOUN* RE)EI,E$ IN A$,AN)E&INS*EA$ OF MON*-LY
+ENSION8*-IS E9EM+*ION IS A,AILA.LE *O )EN*RAL:S*A*E
GO,ERNMEN* EM+LOYEES&$EFEN)E +ERSONNEL& 0 EM+LOYEES OF
LO)AL AU*-ORI*Y8
IN)ASE O*-ER EM+LOYEES 4+RI,A*E SE)*OR6 Y-E MA9IMUM LIMI* IS
2:;R$OF *O*AL +ENSION&AS MAY .E A++LI)A.LE8
35
8/12/2019 61364386 Income From Salaries
22/30
CHA&TER ;
THE DEDUCTIONS FRO SALARY INCOE UNDER SECTION 2le from salary income
8/12/2019 61364386 Income From Salaries
23/30
CHA&TER =
ENTERTAINENT ALLO%ANCE
.pto A474 3115/13 !ntertainment allowance is first ' included in the employees
salary and then e=emption is allowed as gi9en here/in/>elowle as a deduction4
(>) In the case of non/%o9ernment employees least of the
following < /
(i) !ntertainment allowance regularly recei9ed from his present employer from a date
prior to 54045J or'
(ii) A sum equal to 5Gth of salary (e=clusi9e of any other allowance' >enefit or
perquisite) or'
(iii) &s4E'11' is allowed as a deduction4
!AS +!%#% B%%N A C!AN% IN A''"-ABI'I+Y "
%N+%#+AINM%N+ A''"-ANC%
7es4 -ith effect from 5 st April' 3113' i4e4 in relation to the assessment year 3113/
3118 and su>sequent years' this pro9ision relating to deduction of entertainment
allowance stands omitted in the case of employees in continuous employment since
the 5 st April' 5J under section 524
-;at e>em:tions are made in salary
%>em:tions under section =1
38
8/12/2019 61364386 Income From Salaries
24/30
8/12/2019 61364386 Income From Salaries
25/30
/-here as no e=emption is a9aila>ley the Assesse is owned >y
him
34 *he Assesse has not actually incurred any e=penditure on payment
of the rent in respect of such accommodation occupied >y him4
3
8/12/2019 61364386 Income From Salaries
26/30
"#MA+ " INC"M% #"M SA'A#Y
+AM! #F A!!!!
;A+M!+* 7&/ A!M!+* 7!A&/311J/51
;&!I#. 7!A&/85/8/311J
*A*.
8/12/2019 61364386 Income From Salaries
27/30
8/12/2019 61364386 Income From Salaries
28/30
8/12/2019 61364386 Income From Salaries
29/30
C#M;.*! *! I+C#M! CA&%!AB$! *# *AR #F M .&MI$$A F#&
*! A7 311J/51
#$.*I#+