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India Budget Highlights 2010 - 2011

Key Features of Budget 2010-2011
CHALLENGES
! To quickly revert to the high GDP growth path of 9 per cent and then find the
means to cross the ‘double digit growth barrier’.
! To harness economic growth to consolidate the recent gains in making development
more inclusive.
! To address the weaknesses in government systems, structures and institutions at
different levels of governance.

OVERVIEW OF THE ECONOMY

! India among the first few countries in the world to implement a broad-based
counter-cyclic policy package to respond to the negative fallout of the global
slowdown.
! The Advance Estimates for Gross Domestic Product (GDP) growth for 2009-10
pegged at 7.2 per cent. The final figure expected to be higher when the third and
fourth quarter GDP estimates for 2009-10 become available.
! The growth rate in manufacturing sector in December 2009 was 18.5 per cent – the
highest in the past two decades.
! A major concern during the second half of 2009-10 has been the emergence of
double digit food inflation. Government has set in motion steps, in consultation
with the State Chief Ministers, which should bring down the inflation in the next
few months and ensure that there is better management of food security in the
country.

CONSOLIDATING GROWTH

Fiscal Consolidation
! With recovery taking root, there is a need to review public spending, mobilise
resources and gear them towards building the productivity of the economy.
! Fiscal policy shaped with reference to the recommendations of the Thirteenth
Finance Commission, which has recommended a calibrated exit strategy from the
expansionary fiscal stance of last two years.
! It would be for the first time that the Government would target an explicit reduction
in its domestic public debt-GDP ratio.


Tax reforms

! On the Direct Tax Code (DTC) the wide-ranging discussions with stakeholders
have been concluded – Government will be in a position to implement the DTC
from April 1, 2011.
! Centre actively engaged with the Empowered Committee of State Finance Ministers
to finalise the structure of Goods and Services Tax (GST) as well as the modalities
of its expeditious implementation. Endeavour to introduce GST by April, 2011

People’s ownership of PSUs
! Ownership has been broad based in Oil India Limited, NHPC, NTPC and Rural
Electrification Corporation while the process is on for National Mineral
Development Corporation and Satluj Jal Vidyut Nigam. This will raise about
Rs 25,000 crore during the current year.
! Higher amount proposed to be raised during the year 2010-11.

Fertiliser subsidy

! A Nutrient Based Subsidy policy for the fertiliser sector has been approved by the
Government and will become effective from April 1, 2010.
! This will lead to an increase in agricultural productivity and better returns for the
farmers, and overtime reduce the volatility in demand for fertiliser subsidy and
contain the subsidy bill.
Petroleum and Diesel pricing policy
! Expert Group to advise the Government on a viable and sustainable system of
pricing of petroleum products has submitted its recommendations.
! Decision on these recommendations will be taken in due course.

Improving Investment Environment

Foreign Direct Investment
! Number of steps taken to simplify the FDI regime.
! Methodology for calculation of indirect foreign investment in Indian companies
has been clearly defined.
! Complete liberalisation of pricing and payment of technology transfer fee and
trademark, brand name and royalty payments.
Financial Stability and Development Council
! An apex level Financial Stability and Development Council to be set up with a
view to strengthen and institutionalise the mechanism for maintaining financial
stability.
! This Council would monitor macro-prudential supervision of the economy,
including the functioning of large financial conglomerates, and address interregulatory
coordination issues.

Banking Licences
! RBI is considering giving some additional banking licenses to private sector players.
Non Banking Financial Companies could also be considered, if they meet the RBI’s
eligibility criteria.

Public Sector Bank Capitalisation
! Rs.16,500 crore provided to ensure that the Public Sector Banks are able to attain
a minimum 8 per cent Tier-I capital by March 31, 2011.

Recapitalisation of Regional Rural Banks (RRB)
! Government to provide further capital to strengthen the RRBs so that they have
adequate capital base to support increased lending to the rural economy.

Corporate Governance
! Government has introduced the Companies Bill, 2009 in the Parliament to replace
the existing Companies Act, 1956, which will address issues related to regulation
in corporate sector in the context of the changing business environment.

Exports
! Extension of existing interest subvention of 2 per cent for one more year for exports
covering handicrafts, carpets, handlooms and small and medium enterprises.

Agriculture Growth
! Government will follow a four-pronged strategy, covering

(a) Agricultural production

! Rs. 400 crore provided to extend the green revolution to the eastern region of the
country comprising Bihar, Chattisgarh, Jharkhand, Eastern UP, West Bengal and
Orissa.
! Rs. 300 crore provided to organise 60,000 “pulses and oil seed villages” in rain-fed
areas during 2010-11 and provide an integrated intervention for water harvesting,
watershed management and soil health, to enhance the productivity of the dry land
farming areas.
! Rs. 200 crore provided for sustaining the gains already made in the green revolution
areas through conservation farming, which involves concurrent attention to soil
health, water conservation and preservation of biodiversity.

(b) Reduction in wastage of produce
! Government to address the issue of opening up of retail trade. It will help in bringing
down the considerable difference between farm gate, wholesale and retail prices.
! Deficit in the storage capacity met through an ongoing scheme for private sector
participation – FCI to hire godowns from private parties for a guaranteed period of
7 years.

(c) Credit support to farmers
! Banks have been consistently meeting the targets set for agriculture credit flow in
the past few years. For the year 2010-11, the target has been set at Rs.3,75,000
crore.
! In view of the recent drought in some States and the severe floods in some other
parts of the country, the period for repayment of the loan amount by farmers extended
by six months from December 31, 2009 to June 30, 2010 under the Debt Waiver
and Debt Relief Scheme for Farmers.
! Incentive of additional one per cent interest subvention to farmers who repay
short-term crop loans as per schedule, increased to 2% for 2010-11.

(d) Impetus to the food processing sector

! In addition to the ten mega food park projects already being set up, the Government
has decided to set up five more such parks.
! External Commercial Borrowings to be available for cold storage or cold room
facility, including for farm level pre-cooling, for preservation or storage of
agricultural and allied produce, marine products and meat.

Infrastructure
! Rs 1,73,552 crore provided for infrastructure development which accounts for over
46 per cent of the total plan allocation.
! Allocation for road transport increased by over 13 per cent from Rs. 17,520 crore
to Rs 19,894 crore.
! Rs 16,752 crore provided for Railways, which is about Rs.950 crore more than last
year.

India Infrastructure Finance Company Limited (IIFCL)

! IIFCL’s disbursements are expected to touch Rs 9,000 crore by end March 2010
and reach around Rs 20,000 crore by March 2011.
! IIFCL has refinanced bank lending to infrastructure projects of Rs. 3,000 crore during
the current year and is expected to more than double that amount in 2010-11.
! The take-out financing scheme announced in the last Budget is expected to initially
provide finance for about Rs. 25,000 crore in the next three years.

Energy

! Plan allocation for power sector excluding RGGVY doubled from Rs.2230 crore
in 2009-10 to Rs.5,130 crore in 2010-11.
! Government proposes to introduce a competitive bidding process for allocating
coal blocks for captive mining to ensure greater transparency and increased
participation in production from these blocks.
! A “Coal Regulatory Authority” to create a level playing field in the coal sector
proposed to be set up.
! Plan outlay for the Ministry of New and Renewable Energy increased by 61 per
cent from Rs.620 crore in 2009-10 to Rs.1,000 crore in 2010-11.
! Solar, small hydro and micro power projects at a cost of about Rs.500 crore to be
set up in Ladakh region of Jammu and Kashmir.

Environment and Climate change

! National Clean Energy Fund for funding research and innovative projects in clean
energy technologies to be established.
! One-time grant of Rs.200 crore to the Government of Tamil Nadu towards the cost of
installation of a zero liquid discharge system at Tirupur to sustain knitwear industry.
! Rs.200 crore provided as a Special Golden Jubilee package for Goa to preserve the
natural resources of the State, including sea beaches and forest cover.
! Allocation for National Ganga River Basin Authority (NGRBA) doubled in
2010-11 to Rs.500 crore.
! Schemes on bank protection works along river Bhagirathi and river Ganga-Padma
in parts of Murshidabad and Nadia district of West Bengal included in the Centrally
Sponsored Flood Management Programme.
! A project at Sagar Island to be developed to provide an alternate port facility in
West Bengal.
INCLUSIVE DEVELOPMENT
! The spending on social sector has been gradually increased to Rs.1,37,674 crore in
2010-11, which is 37% of the total plan outlay in 2010-11.
! Another 25 per cent of the plan allocations are devoted to the development of rural
infrastructure.

Education
! Plan allocation for school education increased by 16 per cent from Rs.26,800 crore
in 2009-10 to Rs.31,036 crore in 2010-11.
! In addition, States will have access to Rs.3,675 crore for elementary education
under the Thirteenth Finance Commission grants for 2010-11.

Health
! An Annual Health Survey to prepare the District Health Profile of all Districts
shall be conducted in 2010-11.
! Plan allocation to Ministry of Health & Family Welfare increased from Rs 19,534
crore in 2009-10 to Rs 22,300 crore for 2010-11.

Financial Inclusion

! Appropriate Banking facilities to be provided to habitations having population in
excess of 2000 by March, 2012.
! Insurance and other services to be provided using the Business Correspondent model.
By this arrangement, it is proposed to cover 60,000 habitations.
! Augmentation of Rs.100 crore each for the Financial Inclusion Fund (FIF) and the
Financial Inclusion Technology Fund, which shall be contributed by Government
of India, RBI and NABARD.

Rural Development

! Rs. 66,100 crore provided for Rural Development.
! Allocation for Mahatma Gandhi National Rural Employment Guarantee Scheme
stepped up to Rs.40,100 crore in 2010-11.
! An amount of Rs.48,000 crore allocated for rural infrastructure programmes under
Bharat Nirman.
! Unit cost under Indira Awas Yojana increased to Rs.45,000 in the plain areas and
to Rs.48,500 in the hilly areas. Allocation for this scheme increased to Rs.10,000
crore.
! Allocation to Backward Region Grant Fund enhanced by 26 per cent from Rs.5,800
crore in 2009-10 to Rs 7,300 crore in 2010-11.
! Additional central assistance of Rs 1,200 crore provided for drought mitigation in
the Bundelkhand region.

Urban Development and Housing
! Allocation for urban development increased by more than 75 per cent from Rs.3,060
crore to Rs.5,400 crore in 2010-11.
! Allocation for Housing and Urban Poverty Alleviation raised from Rs.850 crore to
Rs.1,000 crore in 2010-11.
! Scheme of one per cent interest subvention on housing loan upto Rs.10 lakh, where
the cost of the house does not exceed Rs.20 lakh — announced in the last
Budget — extended up to March 31, 2011. Rs.700 crore provided for this scheme
for the year 2010-11.
! Rs.1,270 crore allocated for Rajiv Awas Yojana as compared to Rs.150 crore last
year.

Micro, Small & Medium Enterprises

! High Level Council on Micro and Small Enterprises to monitor the implementation
of the recommendations of High-Level Task Force constituted by Prime Minister.
! Allocation for this sector to be increased from Rs.1,794 crore to Rs.2,400 crore for
the year 2010-11.
! The corpus for Micro-Finance Development and Equity Fund doubled to Rs.400
crore in 2010-11.

Unorganised Sector
National Social Security Fund for unorganised sector workers
! National Social Security Fund for unorganised sector workers to be set up with an
initial allocation of Rs.1000 crore. This fund will support schemes for weavers,
toddy tappers, rickshaw pullers, bidi workers etc.
! Rashtriya Swasthya Bima Yojana benefits extended to all such Mahatma Gandhi
NREGA beneficiaries who have worked for more than 15 days during the preceding
financial year.

! A new initiative, “Swavalamban” will be available for persons who join New
Pension Scheme (NPS), with a minimum contribution of Rs.1,000 and a maximum
contribution of Rs.12,000 per annum during the financial year 2010-11, wherein
Government will contribute Rs.1,000 per year to each NPS account opened in the
year 2010-11. Allocation of Rs.100 crore made for this initiative.
Skill development
! National Skill Development Corporation has approved three projects worth about
Rs 45 crore to create 10 lakh skilled manpower at the rate of one lakh per annum.
! An extensive skill development programme in the textile and garment sector to be
launched by leveraging the strength of existing institutions and instruments of the
Textile Ministry to train 30 lakh persons over 5 years.

Social Welfare
! Plan outlay for Women and Child Development stepped up by almost 50 per cent.
! The ICDS platform being expanded for effective implementation of the Rajiv Gandhi
Scheme for Adolescent Girls.
! “Saakshar Bharat” to further improve female literacy rate launched with a target
of 7 crore non-literate adults which includes 6 crore women.
! Mahila Kisan Sashaktikaran Pariyojana to meet the specific needs of women
farmers to be launched with a provision of Rs 100 crore as a sub-component of the
National Rural Livelihood Mission.
! Plan outlay of the Ministry of Social Justice and Empowerment enhanced by 80
per cent to Rs.4500 crore. With this enhancement, the Ministry will be able to
revise rates of scholarship under its post-matric scholarship schemes for SCs and
OBC students.
! Plan allocation for the Ministry of Minority Affairs increased by 50 per cent from
Rs.1,740 crore to Rs.2,600 crore for the year 2010-11.

STRENGTHENING TRANSPARENCY & PUBLIC ACCOUNTABILTY
! Financial Sector Legislative Reforms Commission to be set up to rewrite and clean
up the financial sector laws to bring them in line with the requirements of the
sector.
! Rs 1,900 crore allocated to the Unique Identification Authority of India (UIDAI)
for 2010-11. UIDAI will be able to meet its commitments of issuing the first set of
UID numbers in the coming year
! A Technology Advisory Group for Unique Projects (TAGUP) to be set up to look
into various technological and systemic issues for effective tax administration and
financial governance.
! Independent Evaluation Office (IEO) chaired by the Deputy Chairman, Planning
Commission to be set up to evaluate the impact of flagship programmes.

Security and Justice

! Allocation for Defence increased to Rs. 1,47,344 crore including Rs 60,000 crore
for capital expenditure.
! About 2,000 youth to be recruited as constables in five Central Para Military Forces
from Jammu and Kashmir in the year 2010.
! Planning Commission to prepare an integrated action plan for the thirty-three left
wing extremism affected districts. Adequate funds will be made available to support
the action plan.
! Government has approved the setting up of the National Mission for Delivery of
Justice and Legal Reforms to help reduce legal backlog in courts from an average
of 15 years at present to 3 years by 2012.

BUDGET ESTIMATES 2010-11
! The Gross Tax Receipts are estimated at Rs. 7,46,651 crore
! The Non Tax Revenue Receipts are estimated at Rs. 1,48,118 crore.
! The net tax revenue to the Centre as well as the expenditure provisions in 2010-11
have been estimated with reference to the recommendations of the Thirteenth
Finance Commission.
! The total expenditure proposed in the Budget Estimates is Rs. 11,08,749 crore,
which is an increase of 8.6 per cent over last year.
! The Plan and Non Plan expenditures in BE 2010-11 are estimated at Rs. 3,73,092
crore and Rs. 7,35,657 crore respectively. While there is 15 per cent increase in
Plan expenditure, the increase in Non Plan expenditure is only 6 per cent over the
BE of previous year.
! Fiscal deficit for BE 2010-11 at 5.5 per cent of GDP, which works out to Rs.3,81,408
crore.
! Taking into account the various other financing items for fiscal deficit, the actual
net market borrowing of the Government in 2010-11 would be of the order of
Rs.3,45,010 crore. This would leave enough space to meet the credit needs of the
private sector.
! The rolling targets for fiscal deficit are pegged at 4.8 per cent and 4.1 per cent for
2011-12 and 2012-13, respectively.
! Against a fiscal deficit of 7.8 per cent in 2008-09, inclusive of oil and fertilizer
bonds, the comparable fiscal deficit is 6.9 per cent as per the Revised Estimates for
2009-10.
! Conscious effort made to avoid issuing bonds to oil and fertilizer companies.
Government would like to continue with this practice of extending Government
subsidy in cash, thereby bringing all subsidy related liabilities into Government’s
fiscal accounting.

PART B TAX PROPOSALS

! The Centralized Processing Centre at Bengaluru is now fully functional and is
processing around 20,000 returns daily. This initiative will be taken forward by
setting up two more Centres during the year.
! The Income Tax department has introduced “Sevottam”, a pilot project at Pune,
Kochi and Chandigarh through Aayakar Seva Kendras, which provide a single window
system for registration of all applications including those for redressal of grievances
as well as paper returns. The scheme will be extended to four more cities in the year.
! Automation of Central Excise & Service Tax, has already been rolled out throughout
the country this year. Similarly, a Mission Mode Project for computerization of
Commercial Taxes in States has been approved recently. With an outlay of
Rs. 1133 crore of which the Centre’s share is Rs. 800 crore, the project will lay the
foundation for the launch of GST.
! The income tax department to notify SARAL-II form for individual salaried
taxpayers for the coming assessment year.
! Scope of cases which may be admitted by the Settlement Commission expanded to
include proceedings related to search and seizure cases pending for assessment.
Scope of Settlement Commission also expanded in respect of Central Excise and
Customs to include certain categories of cases that hitherto fell outside its
jurisdiction.
! Bi-lateral discussions commenced to enhance the exchange of bank related and
other information to effectively track tax evasion and identify undisclosed assets
of resident Indians lying abroad.

Direct Taxes
! Income tax slabs for individual taxpayers to be as follows

Income upto Rs 1.6 lakh                                       -         Nil
Income above Rs 1.6 lakh and upto Rs. 5 lakh   -  10 per cent
Income above Rs.5 lakh and upto Rs. 8 lakh      -  20 per cent
Income above Rs. 8 lakh                                       -  30 per cent

! Deduction of an additional amount of Rs. 20,000 allowed, over and above the
existing limit of Rs.1 lakh on tax savings, for investment in long-term infrastructure
bonds as notified by the Central Government
! Besides contributions to health insurance schemes which is currently allowed as a
deduction under the Income-tax Act, contributions to the Central Government Health
Scheme also allowed as a deduction under the same provision.

! Current surcharge of 10 per cent on domestic companies reduced to 7.5 per cent.

! Rate of Minimum Alternate Tax (MAT) increased from the current rate of 15 per
cent to 18 per cent of book profits.

! To further encourage R&D across all sectors of the economy, weighted deduction
on expenditure incurred on in-house R&D enhanced from 150 per cent to 200 per
cent. Weighted deduction on payments made to National Laboratories, research
associations, colleges, universities and other institutions, for scientific research
enhanced from 125 per cent to 175 per cent.

! Payment made to an approved association engaged in research in social sciences
or statistical research to be allowed as a weighted deduction of 125 per cent. The
income of such approved research association shall be exempt from tax.
! Benefit of investment linked deduction under the Act extended to new hotels of
two-star category and above anywhere in India to boost investment in the tourism
sector.
! Allow pending projects to be completed within a period of five years instead of
four years for claiming a deduction of their profits, as a one time interim relief to
the housing and real estate sector. Norms for built-up area of shops and other
commercial establishments in housing projects to be relaxed to enable basic facilities
for their residents.
! Limits for turnover over which accounts need to be audited enhanced to Rs. 60
lakh for businesses and to Rs. 15 lakh for professions.

! Limit of turnover for the purpose of presumptive taxation of small businesses
enhanced to Rs. 60 lakh.

! If tax has been deducted on payment by way of any expense and is paid before the
due date of filing the return, such expenditure to be allowed for deduction. Interest
charged on tax deducted but not deposited by the specified date to be increased
from 12 per cent to 18 per cent per annum.

! To facilitate the conversion of small companies into Limited Liability Partnerships,
transfer of assets as a result of such conversion not to be subject to capital gains
tax.

! “The advancement of any other object of general public utility” to be considered as
“charitable purpose” even if it involves carrying on of any activity in the nature of
trade, commerce or business provided that the receipts from such activities do not
exceed Rs.10 lakh in the year .

! Proposals on direct taxes estimated to result in a revenue loss of Rs. 26,000 crore
for the year.

Indirect Taxes

! Rate reduction in Central Excise duties to be partially rolled back and the standard
rate on all non-petroleum products enhanced from 8 per cent to 10 per cent
ad valorem.

! The specific rates of duty applicable to portland cement and cement clinker also
adjusted upwards proportionately. Similarly, the ad valorem component of excise
duty on large cars, multi-utility vehicles and sports-utility vehicles increased by 2
percentage points to 22 per cent.

! Restore the basic duty of 5 per cent on crude petroleum; 7.5 per cent on diesel and
petrol and 10 per cent on other refined products. Central Excise duty on petrol and
diesel enhanced by Re.1 per litre each.

! Some structural changes in the excise duty on cigarettes, cigars and cigarillos to be
made coupled with some increase in rates. Excise duty on all non-smoking tobacco
such as scented tobacco, snuff, chewing tobacco etc to be enhanced. Compounded
levy scheme for chewing tobacco and branded unmanufactured tobacco based on
the capacity of pouch packing machines to be introduced.

Agriculture & Related Sectors

! Provide project import status with a concessional import duty of 5 per cent for the
setting up of mechanised handling systems and pallet racking systems in ‘mandis’
or warehouses for food grains and sugar as well as full exemption from service tax
for the installation and commissioning of such equipment.
! Provide project import status at a concessional customs duty of 5 per cent with full
exemption from service tax to the initial setting up and expansion of
♦ Cold storage, cold room including farm pre-coolers for preservation or storage
of agriculture and related sectors produce ; and
♦ Processing units for such produce.
! Provide full exemption from customs duty to refrigeration units required for the
manufacture of refrigerated vans or trucks.
! Provide concessional customs duty of 5 per cent to specified agricultural machinery
not manufactured in India;
! Provide central excise exemption to specified equipment for preservation, storage
and processing of agriculture and related sectors and exemption from service tax
to the storage and warehousing of their produce; and
! Provide full exemption from excise duty to trailers and semi-trailers used in
agriculture.
! Concessional import duty to specified machinery for use in the plantation sector to
be, extended up to March 31, 2011 along with a CVD exemption.
! To exempt the testing and certification of agricultural seeds from service tax.
! The transportation by road of cereals, and pulses to be exempted from service tax.
Transportation by rail to remain exempt.
! To ease the cash flow position for small-scale manufacturers, they would be
permitted to take full credit of Central Excise duty paid on capital goods in a single
installment in the year of their receipt. Secondly, they would be permitted to pay
Central Excise duty on a quarterly, rather than monthly, basis.

Environment
! To build the corpus of the National Clean Energy Fund, clean energy cess on coal
produced in India at a nominal rate of Rs.50 per tonne to be levied. This cess will
also apply on imported coal.

! Provide a concessional customs duty of 5 per cent to machinery, instruments,
equipment and appliances etc. required for the initial setting up of photovoltaic
and solar thermal power generating units and also exempt them from Central Excise
duty. Ground source heat pumps used to tap geo-thermal energy to be exempted
from basic customs duty and special additional duty.

! Exempt a few more specified inputs required for the manufacture of rotor blades
for wind energy generators from Central Excise duty.

! Central Excise duty on LED lights reduced from 8 per cent to 4 per cent at par with
Compact Fluorescent Lamps.

! To remedy the difficulty faced by manufacturers of electric cars and vehicles in
neutralising the duty paid on their inputs and components, a nominal duty of 4 per
cent on such vehicles imposed. Some critical parts or sub-assemblies of such
vehicles exempted from basic customs duty and special additional duty subject to
actual user condition. These parts would also enjoy a concessional CVD of 4 per
cent.
! A concessional excise duty of 4 per cent provided to “soleckshaw”, a product
developed by CSIR to replace manually-operated rickshaws. Its key parts and
components to be exempted from customs duty.
! Import of compostable polymer exempted from basic customs duty.

Infrastructure

! Project import status to ‘Monorail projects for urban transport’ at a concessional
basic duty of 5 per cent granted.
! To allow resale of specified machinery for road construction projects on payment
of import duty at depreciated value.
! To encourage the domestic manufacture of mobile phones accessories, exemptions
from basic, CVD and special additional duties are now being extended to parts of
battery chargers and hands-free headphones. The validity of the exemption from
special additional duty is being extended till March 31, 2011.

Medical Sector
! Uniform, concessional basic duty of 5 per cent, CVD of 4 per cent with full
exemption from special additional duty prescribed on all medical equipments. A
concessional basic duty of 5 per cent is being prescribed on parts and accessories
for the manufacture of such equipment while they would be exempt from CVD
and special additional duty.
! Full exemption currently available to medical equipment and devices such as
assistive devices, rehabilitation aids etc. retained. The concession available to
Government hospitals or hospitals set up under a statute also retained.
! Specified inputs for the manufacture of orthopaedic implants exempted from import
duty.

Infotainment

! To address the difficulties experienced by film industry in importing digital masters
of films for duplication or distribution loaded on electronic medium vis-a-vis those
imported on cinematographic film, owing to a differential customs duty structure,
customs duty to be charged only on the value of the carrier medium. The same
dispensation would apply to music and gaming software imported for duplication.
In all such cases the value representing the transfer of intellectual property rights
would be subjected to service tax.

! Provide project import status at a concessional customs duty of 5 per cent with full
exemption from special additional duty to the initial setting up “Digital Head End”
equipment by multi-service operators.
Precious Metals
! Rates on precious metals indexed as follows:
♦ On gold and platinum from Rs.200 per 10 grams to Rs.300 per 10 grams
♦ On silver from Rs.1,000 per kg to Rs.1,500 per kg.
! Basic customs on Rhodium – a precious metal used for polishing jewellery reduced
to 2 per cent.
! Basic customs duty on gold ore and concentrates reduced from 2 per cent ad valorem
to a specific duty of Rs.140 per 10 grams of gold content with full exemption from
special additional duty. Further, the excise duty on refined gold made from such
ore or concentrate reduced from 8 per cent to a specific duty of Rs.280 per 10
grams.

Other Proposals

! Full exemption from import duty available to specified inputs or raw materials
required for the manufacture of sports goods expanded to cover a few more items.
! Basic customs duty on one of key components in production of micro-wave ovens,
namely magnetrons, reduced from 10 per cent to 5 per cent.
! Value limit of Rs. 1 lakh per annum on duty-free import of commercial samples as
personal baggage enhanced to Rs. 3 lakh per annum.
! Outright exemption from special additional duty provided to goods imported in a
pre-packaged form for retail sale. This would also cover mobile phones, watches
and ready-made garments even when they are not imported in pre-packaged form.
The refund-based exemption is also being retained for cases not covered by the
new dispensation.
! Toy balloons fully exempted from Central Excise duty.
! Reduction in basic customs duty on long pepper from 70 per cent to 30 per cent;
! Reduction in basic customs duty on asafoetida from 30 per cent to 20 per cent;
! Reduction in central excise duty on replaceable kits for household type water filters
other than those based on RO technology to 4 per cent;
! Reduction in central excise duty on corrugated boxes and cartons from 8 per cent
to 4 per cent;
! Reduction in central excise duty on latex rubber thread from 8 per cent to 4 per
cent; and
! Reduction in excise duty on goods covered under the Medicinal and Toilet
Preparations Act from 16 per cent to 10 per cent.
! Proposals relating to customs and central excise are estimated to result in a net
revenue gain of Rs. 43,500 crore for the year.

Service Tax

! Rate of tax on services retained at 10 per cent to pave the way forward for GST.
! Certain services, hitherto untaxed, to be brought within the purview of the service
tax levy. These to be notified separately.
! Process of refund of accumulated credit to exporters of services, especially in the
area of Information Technology and Business Process Outsourcing, made easy by
making necessary changes in the definition of export of services and procedures.
! Accredited news agencies which provide news feed online that meet certain criteria,
exempted from service tax.
! Proposals relating to service tax are estimated to result in a net revenue gain of Rs
3,000 crore for the year.
! Proposals on direct taxes estimated to result in a revenue loss of Rs. 26,000 crore
for the year. Proposals relating to Indirect Taxes estimated to result in a net revenue
gain of Rs.46,500 crore for the year. Taking into account the concessions being
given in the tax proposals and measures taken to mobilise additional resources, the
net revenue gain is estimated to be Rs. 20,500 crore for the year.

Due dates for TDS


TDS Rates

  1. Applicable for AY 2010-11 (FY 2009-10).
  2. 194-I: Rental Payments
    1. Earlier rates:

      1. Plant and Machinery = 10%
      2. Land or building or furniture or fittings to Individual/HUF = 15%
      3. Land or building or furniture or fittings to Others = 20%

    1. Revised Rates

      1. Plant and Machinery = 2%
      2. Land or building or furniture or fittings to anyone = 10%

  1. 194-C: Contracts
    1. Earlier rates:

      1. Contracts = 2%
      2. Sub-Contracts = 1%
      3. Advertisement Contracts = 1%

    1. Revised Rates

      1. Contracts to Individuals/HUF = 1%
      2. Contracts to others = 2%

Surcharge and Cess

  1. No surcharge or Cess is applicable for TDS. Only the specified TDS rates should be considered for deduction
  2. Applicable for AY 2010-11 (FY 2009-10).

Payment to Transporters:

  1. For any Transporters, if they Provide the PAN number, the TDS on contract payments is NIL.
  2. But, if they do not provide the PAN during the payment, 1% TDS has to be made for Individuals/HUF and at 2% for others.
  3. Payments to transporters without deducting TDS (as they have quoted PAN) should be reported by Deductor with PAN details to the Income Tax Department in the prescribed format.
  4. Applicable for AY 2010-11 (FY 2009-10).

Compulsory PAN (Section 206AA)

  1. It is mandatory to quote PAN in all correspondence, bills and vouchers exchanged between Deductor and deductee.
  2. TDS shall be made at a flat rate of 20% (or actual rate, whichever is higher) for any payments, where assessee has not quoted the PAN during the payment.
    1. This is applicable even in case where assessee gives Form 15G/15H u/s 197A.
    2. This is also applicable for Non resident Payments.
  3. Assessing officer shall not rise the letter for lower/no deduction, If assessee doesn’t quote a PAN.
  4. Applicable for AY 2011-12 (FY 2010-11). Means the payments made on or after 01st April 2010.

TDS reconciliation (Section 200A)

  1. A new section 200A is introduced.
  2. TDS return filed by the deductor will be processed by the following way:
    1. TDS deductible will be computed on the basis of data in TDS statement, after adjusting any arithmetic error or an incorrect claim.
    2. The interest, if any, shall be computed on the basis of the sums deductible on the basis of data in TDS statement.
    3. Any amount payable by / refund to Deductor shall be determined.
    4. Intimation shall be sent to Deductor on Amount payable / refundable.
    5. The amount refundable, if any shall be granted to Deductor.

 TDS returns

  1. Currently returns has to be filed Quarterly in Form 24Q/26Q/27Q/27EQ
  2. Currently government is not allowed to decide the Periodicity of TDS returns, as the power is limited only for structure of forms and the manner.
  3. In order to provide administrative flexibility in deciding the periodicity of such TDS related statements, the existing provisions are modified, so as to allow the Government to prescribe periodicity of such TDS statements besides prescribing their form and manner.
  4. Applicable from 01st October 2009.

Computerized processing of TDS returns

  1. Currently every TDS return involves manual-cum-computerized processing inside the department.
  2. To make the process efficient, department will computerize whole process, where statements regard to TDS will be processed.
    1. This will be on the same lines, how IT returns processing has been computerized in Income Tax Department.
    2. This processing will allow manual interference for

      1. Any arithmetical error in the statement.
      2. An incorrect claim, if such incorrect claim is apparent from any information in the statement, for example, in respect of rate of deduction of tax at source where such rate is not in accordance with the provisions of the Act.

    1. A Centralized Processing Center may be established in this regard.
  1. Applicable for AY 2011-12 (FY 2010-11).

senthamaraikannanclub Contact

Income Tax Rates and calulation A.Y 10-11

ASSESSMENT YEAR 2010-2011
RELEVANT TO FINANCIAL YEAR 2009-2010
I TAX RATES FOR INDIVIDUALS OTHER THAN II & III
Up to 1,60,000 - Nil

1,60,000 to 3,00,000 - 10% of the amount exceeding 1,60,000
3,00,000 to 5,00,000 - Rs.14,000 + 20% of the amount exceeding
3,00,000
5,00,000 & above - Rs.54,000 + 30% of the amount exceeding
5,00,000
II TAX RATES FOR RESIDENT WOMAN BELOW 65 YEARS
Up to 1,90,000 - Nil
1,90,000 to 3,00,000 - 10% of the amount exceeding 1,90,000
3,00,000 to 5,00,000 - Rs.11,000 + 20% of the amount exceeding
3,00,000
5,00,000 & above - Rs.51,000 + 30% of the amount exceeding
5,00,000
III TAX RATES FOR INDIVIDUAL RESIDENTS AGED 65 YRS AND
ABOVE
Up to 2,40,000 - Nil
2,40,000 to 3,00,000 - 10% of the amount exceeding 2,40,000
3,00,000 to 5,00,000 - Rs.6,000 + 20% of the amount exceeding
3,00,000
5,00,000 & above - Rs.46,000 + 30% of the amount exceeding
5,00,000
There is no surcharge in the case of every individual, Hindu undivided
family, Association of persons and body of individuals.
EDUCATION CESS
The amount of Income-tax shall be further increased by Education Cess
of 3% on Income-tax.
EXEMPTIONS/DEDUCTIONS FROM SALARY
1. VOLUNTARY RETIREMENT – 10(10C)
Amount received or receivable (ie.,in installments) by an employee on
his voluntary retirement in accordance with any scheme of Voluntary
Retirement is exempt to the extent of Rs.5,00,000, provided the VRS is
in accordance with Rule 2BA of IT Rules. However no 89(1) relief can be
claimed.
2. HOUSE RENT ALLOWANCE EXEMPT U/S.10(13A) – Read with Rule 2A
of IT Rules 1962
a) Actual HRA received : Rs.xxxx
b) Rent paid in excess of 10% of Salary : Rs.xxxx
c) 50% of Salary in Metro Cities or
40% of Salary in other cities : Rs.xxxx
Least of a), b), c) is exempt.
NOTE: Here Salary means Basic Salary as well as DA if the terms of
employment so provide.
3. CONVEYANCE ALLOWANCE:
Any allowance granted to meet the expenditure incurred wholly,
necessarily and exclusively on conveyance in performance of the duties
of office and so certified by the employer is exempt u/s.10(14).
4. TRANSPORT ALLOWANCE:
2/8/2010
Any allowance granted to an employee to meet the expenditure for the
purpose of commuting between the place of his residence and the place
of his duty to the extent up to Rs.800/- per month is exempt u/s.10(14).
5. MEDICAL REIMBURSEMENT:
An amount of Rs.15,000 or the actual amount reimbursed by the
employer whichever is less is exempt u/s.17(2).
6. PROFESSION TAX :
Profession Tax levied by the State Government is allowable as a
deduction from Gross Salary provided it has been paid.
DEDUCTIONS FROM HOUSE PROPERTY
1. DEDUCTION U/S.23(1) : For let out property, amount paid by
the owner towards taxes levied by any local authority in respect of the
property is deductible from Annual value(taxes pertaining to any
previous years).
2. DEDUCTION U/S.24(a) : For let out property, deduction of 30% of
the Net Annual Value is allowed. No separate deduction for Repairs,
Collection Charges, Insurance Premium, Annual Charge and Ground
Rent.
3. INTEREST ON BORROWED LOAN(U/S.24(b)):
FOR SELF OCCUPIED PROPERTY
a. If Property is acquired or constructed with loan taken after 01/04/99
and construction is completed within 3 years from the end of the
financial year in which the capital was borrowed – Rs.1,50,000 or actual
interest paid/payable whichever is less is deductible.
b. If new housing loan is taken for repayment of old loan (old loan
taken after 1/4/99) – Rs.1,50,000 or actual interest paid/payable
whichever is less is allowed as deduction.
c. If Property is acquired or constructed with loan taken before
01/04/99, Rs.30,000 or actual interest paid/payable whichever is less is
allowed as deduction.
d. If loan taken for Repairs, renewal, reconstruction of property,
Rs.30,000 or actual interest paid/payable which ever is less is allowed as
deduction.
FOR LET OUT PROPERTY, actual interest paid/payable can be claimed
as deduction.
ONLY OWNER OF THE HOUSE PROPERTY CAN AVAIL THE ABOVE
DEDUCTIONS.
CAPITAL GAINS:
With effect from 01/10/2004, Long Term Capital Gains arising on sale of
equity shares or unit of equity oriented fund through recognized stock
exchange is exempt if such transaction is chargeable to Securities
Transaction Tax (u/s.10(38)).
Short Term Capital Gains arising on sale of equity shares or unit of
equity oriented fund through recognized stock exchange is subject to tax
at the rate of 15% if such transaction is chargeable to Securities
Transaction Tax.
EXEMPTION U/S.54EC:
The Capital Gain arising out of sale of long term capital asset can be
2/8/2010
invested in National Highways Authority of India, Rural Electrification
Corporation Limited, within six months from the date of sale. (Lock-in
period is 3 years)
For Cost Inflation Index, refer website.
STANDARD DEDUCTION FOR FAMILY PENSION U/S.57(iia):
An amount of Rs.15,000 or 331/3% of family pension whichever is less is
allowed as deduction. If an assessee receives arrears of family pension,
then Relief u/s.89(1) can be claimed by him.
Family Pension received by the widow or children or nominated heirs, as
the case may be, of a member of the armed forces (including paramilitary
forces) of the union, where the death of such member has
occurred in the course of operation is exempt.
EXEMPTIONS – OTHER SOURCES
Any income by way of Dividends from company, Income received in
respect of units from the Unit Trust of India, Income received in respect
of the units of a mutual fund are exempt.
DEDUCTIONS FROM GROSS TOTAL INCOME (CHAPTER VIA):
Sl.No. I.T.
Sec.
Nature of Deduction Amount of
deduction
1.
a.
b.
c.
80
CCE
80 C
80
CCC
80
CCD
Life Insurance Premia, PF, PPF, NSC,
ELSS, Units of Mutual Fund referred to
u/s.10(23D), Tuition Fees(max. 2
Children), Repayment of Principal of
Housing loan, Bank Fixed Deposit of 5 yrs
period, notified Bonds of NABARD,
Deposit in an account under Senior
Citizens Savings Scheme rules, 5 year
time deposit in an account under Post
Office Time Deposit Rules, 1981 etc.
Premium paid towards approved Pension
Fund (like LIC’s Jeevan Suraksha) max. 1
lakh.
Contribution to Central Government
Pension Schemes. Up to 10% of salary
with matching contribution from
Government.
Maximum
overall
Deductions
allowed u/s.
80C, 80CCC
& 80CCD is
Rs. 1,00,000
2 80
D
(a) Medical Insurance Premium paid by
an individual/HUF by any mode of
payment other than cash to effect or keep
in force an insurance on the health of the
assessee(self) or his family(spouse &
dependent children) for policies taken
from General Insurance
Corporation /other approved Insurance
Regulatory and Development Authority.
(b) Medical Insurance Premium paid by
an individual/HUF by any mode of
payment other than cash to effect or keep
in force an insurance on the health of
his/her parent or parents for policies
taken from General Insurance
Corporation /other approved Insurance
Regulatory and Development Authority
(c) For Senior Citizens
Upto
Rs.15,000
Up to
Rs.15,000
Up to
Rs.20,000
3. 80
DD
(a) Any expenditure for Medical, Nursing
& Rehabilitation incurred on dependant
suffering from permanent disability
including blindness, mental retardation,
autism, cerebral palsy or multiple
disabilities
(b) Deposits under LIC, UTI’s Scheme &
other IRDA approved insurers for the
Rs.50,000
with an
additional
Rs.1,00,000
if the
disability is
severe
exceeding
2/8/2010
benefit of physically handicapped
dependent
80%
4. 80
DDB
(a) Actual expenditure incurred on
Medical treatment of Self or dependant or
a member of HUF suffering from terminal
diseases like Cancer, AIDS, Renal failure
etc.
(b) For Senior Citizens(self or dependent
on whom expenditure on medical treated
is taken)
Up to
Rs.40,000
Up to
Rs.60,000
5. 80 E Interest on loan taken from
Financial/Charitable Institutions for
Self/Spouse/Children for pursuing Higher
Education (for a max. period of 7 yrs)
Actual
Interest
repaid
6.
80
G
(a) Donations made to National Defence
Fund, Prime Minister’s National Relief
Fund, approved Funds of reputed
Educational Institutions, National Trust
for Welfare of persons with Autism,
Cerebral Palsy etc.
(b) Donations made to Jawaharlal
Memorial Fund, PM’s Drought Relief fund,
Any approved Charitable
Institution/Trust, Religious Institutions, a
corporation established by the
Government for promoting interest of the
members of a Minority Community
100% of
Donation
50% of
Donation
restricted to
10% of
Adjusted
Gross Total
Income
7. 80
GG
Deduction in respect of rents paid,
provided the assessee is not in receipt of
HRA and no house is owned by self,
spouse, minor child or HUF in the place of
work subject to filing of declaration in
Form No.10BA
25% of
income
or rent paid
in excess of
10% of
income
or ceiling of
Rs.24,000
p.a
whichever is
less
8. 80
U
Persons suffering from Permanent
Physical Disability as specified in Rule
11D
Rs.50,000
(Rs.1,00,000
in case of
severe
disability)
FRINGE BENEFIT TAX (FBT)
In view of discontinuance of Fringe Benefit Tax from A.Y.2010-11
onwards, the value of specified fringe benefit and amenity is not
chargeable to tax in the hands of employer. Consequently under subclause
(vi) of Sec.17(2), provides that the value of any specified
security or sweat equity shares allotted or transferred, directly or
indirectly, by the employer, or former employer, free of cost or at
concessional rate to the employee is a perquisite chargeable to tax in the
hands of the employee.
PENALTY U/S.271F: If a person who is required to furnish a return of
income as required under section 139(1) or by the proviso to subsection,
fails to furnish such return before the end of the relevant
assessment year, shall be liable to pay by way of penalty a sum of
Rs.5,000.
INTEREST U/S.234A: Where the return of Income of any assessment
year u/s.139(1) or 139(4) or in response to a notice u/s.142(1), is
furnished after the due date as specified in sub-section 1 of section 139,
or is not furnished, the assessee shall be liable to pay simple interest at
the rate of one percent for every month or part of a month comprised in
the period commencing on the date immediately following the due date.
INTEREST U/S.234B: Where an assessee who is liable to pay advance
2/8/2010
tax under section 208 has failed to pay such tax or, where the advance
tax paid by such assessee under the provisions of section 210 is less
than 90% of the assessed tax, the assessee shall be liable to pay simple
interest at the rate of one percent for every month or part of a month
comprised in the period from the 1st day of April following the financial
year.
INTEREST U/S.234C: Where an assessee other than a Company, who is
liable to pay advance tax under section 208 has failed to pay such tax or,
1) The advance tax paid by the assessee on his current income on or
before the 15th day of September is less than 30% of the tax due on the
returned income or the amount of such advance tax paid on or before
the 15th day of December is less than 60% of the tax due on the
returned income, then, the assessee shall be liable to pay simple interest
at the rate of one percent per month for a period of three months on the
amount of the shortfall from 30% or, as the case may be, 60% of the
tax due on the returned income.
2) The advance tax paid by the assessee on his current income on or
before the 15th day of March is less than the tax due on the returned
income, then, the assessee shall be liable to pay simple interest at the
rate of one percent on the amount of the shortfall from the tax due on
the returned income.
DUE DATES FOR FILING RETURN OF INCOME : All
Individuals/HUF/Firms deriving Income from Salary, House Property,
Capital Gains, Business or Other Sources and not covered under section
44AB are required to file the Return of Income by 31st July. All Tax Audit
Cases covered under section 44AB, Company returns are required to file
the Return of Income by 30th September.
PERMANENT ACCOUNT NUMBER: Every assessee is required to obtain
10 Alpha numeric Permanent Account Number (PAN) and quote the same
in his returns, challans & correspondence. PAN can be obtained by
applying in new Form No.49A at the designated Service Centres of
UTITSL OR NSDL(Log on to our website). PAN is essential for processing
the Return of Income and for giving credit for taxes paid. If a person
who is required to quote his Permanent Account Number fails to do so or
intimates or quotes false number, the Assessing Officer may direct that
such person shall pay, by way of penalty, a sum of Rs.10,000.
To Know Your PAN, visit our website.
For PAN Grievances : UTITSL - e-mail - isw.bangalore@utitsl.co.in
NSDL - e-mail - tininfo@nsdl.co.in
TAX PAYMENTS: Advance tax payments and Self-assessment tax
payments have to be made in Challan No.280. Please obtain counterfoil
of challan containing Challan Identification Number (CIN) from the Bank
and enclose copy of the same with the return and quote CIN in the
return.
This brochure should not be construed as an exhaustive
statement of law. In case of doubt, reference should always be
made to the relevant provisions of Income Tax Act, Rules or
Notifications.
For further information, please contact:
The Public Relations Officer
Income-tax Department, C.R. Building, Queen’s Road,
Bangalore-560 001. E-mail: itprbangalore@rediffmail.com
Website: www.incometaxbangalore.org
2/8/2010

Income from Salary Computation A.Y 10-11

Section 192 of the Income-tax Act, 1961 - Deduction of tax at source - Salary - Income-tax deduction
from salaries during the financial year 2009-10

           CIRCULAR NO. 1/2010 [F. NO. 275/192/2009 IT(B)], DATED 11-1-2010
Reference is invited to Circular No. 8/2007, dated 5-12-2007 whereby the rates of deduction of income-tax
from the payment of income under the head “Salaries” under section 192 of the Income-tax Act, 1961,
during the financial year 2008-09, were intimated. The present Circular contains the rates of deduction of
income-tax from the payment of income chargeable under the head “Salaries” during the financial year
2009-10 and explains certain related provisions of the Income-tax Act. The relevant Acts, Rules, Forms
and Notifications are available at the website of the Income-tax Department - www.incometaxindia.gov.in.
Finance Act, 2009
2. As per the Finance Act, 2009, income-tax is required to be deducted under section 192 of the Incometax
Act, 1961 from income chargeable under the head “Salaries” for the financial year 2009-10 (i.e.,
assessment year 2010-11) at the following rates :—
RATES OF INCOME-TAX
A. Normal Rates of tax :—
B. Rates of tax for a woman, resident in India and below sixty-five years of age at any time during the
financial year :—
C. Rates of tax for an individual, resident in India and of the age of sixty-five years or more at any time
during the financial year :—
Surcharge on Income tax :
There will be no surcharge on income-tax payments by individual taxpayers during financial year 2009-10
(assessment year 2010-11).
Education Cess on Income tax :
The amount of income-tax shall be further increased by an additional surcharge (Education Cess on
Income-tax) at the rate of two per cent of the income-tax.
Additional surcharge on Income-tax (Secondary and Higher Education Cess on Income-tax) :
1. Where the total income does not exceed Rs.
1,60,000.
Nil
2. Where the total income exceeds Rs.
1,60,000 but does not exceed Rs. 3,00,000
10 per cent of the amount by which the total
income exceeds Rs. 1,60,000
3. Where the total income exceeds Rs.
3,00,000 but does not exceed Rs. 5,00,000
Rs. 14,000 plus 20 per cent of the amount by
which the total income exceeds Rs. 3,00,000
4. Where the total income exceeds Rs.
5,00,000
Rs. 54,000 plus 30 per cent of the amount by
which the total income exceeds Rs. 5,00,000
1. Where the total income does not exceed Rs.
1,90,000
Nil
2. Where the total income exceeds Rs.
1,90,000 but does not exceed Rs. 3,00,000
10 per cent of the amount by which the total
income exceeds Rs. 1,90,000
3. Where the total income exceeds Rs.
3,00,000 but does not exceed Rs. 5,00,000
Rs. 11,000 plus 20 per cent of the amount by
which the total income exceeds Rs. 3,00,000
4. Where the total income exceeds Rs.
5,00,000
Rs. 51,000 plus 30 per cent of the amount by
which the total income exceeds Rs. 5,00,000
1. Where the total income does not exceed Rs.
2,40,000
Nil
2. Where the total income exceeds Rs.
2,40,000 but does not exceed Rs. 3,00,000
10 per cent of the amount by which the total
income exceeds Rs. 2,40,000
3. Where the total income exceeds Rs.
3,00,000 but does not exceed Rs. 5,00,000
Rs. 6,000 plus 20 per cent of the amount by
which the total income exceeds Rs. 3,00,000
4. Where the total income exceeds Rs.
5,00,000
Rs. 46,000 plus 30 per cent of the amount by
which the total income exceeds Rs. 5,00,000
2/2/2010
From financial year 2007-08 onwards, an additional surcharge is chargeable at the rate of one per cent of
income-tax (not including the Education Cess on income-tax).
Education Cess, and Secondary and Higher Education Cess are payable by both resident and non-resident
assessees.
3. Section 192 of the Income-tax Act, 1961 : Broad scheme of tax deduction at source from
“Salaries”.
3.1 Method of Tax Calculation - Every person who is responsible for paying any income chargeable under
the head “Salaries” shall deduct income-tax on the estimated income of the assessee under the head
“Salaries” for the financial year 2009-10. The income-tax is required to be calculated on the basis of the
rates given above and shall be deducted on average at the time of each payment. No tax will, however, be
required to be deducted at source in any case unless the estimated salary income including the value of
perquisites, for the financial year exceeds Rs. 1,60,000 or Rs. 1,90,000 or Rs. 2,40,000, as the case may
be, depending upon the age and gender of the employee. (Some typical examples of computation of tax are
given at Annexure-I).
3.2 Payment of Tax on Non-monetary Perquisites by Employer - An option has been given to the employer
to pay the tax on non-monetary perquisites given to an employee. The employer may, at his option, make
payment of the tax on such perquisites himself without making any TDS from the salary of the employee.
The employer will have to pay such tax at the time when such tax was otherwise deductible i.e., at the time
of payment of income chargeable under the head ‘Salaries to the employee’.
3.3 Computation of Average Income-tax - For the purpose of making the payment of tax mentioned in para
3.2 above, tax is to be determined at the average of income-tax computed on the basis of rate in force for
the financial year, on the income chargeable under the head “Salaries”, including the value of perquisites
for which tax has been paid by the employer himself.
Illustration :
Suppose that the income chargeable under the head ‘salary’ of a male employee below sixty-five years of
age for the year inclusive of all perquisites is Rs. 4,50,000, out of which, Rs. 50,000 is on account of nonmonetary
perquisites and the employer opts to pay the tax on such perquisites as per the provisions
discussed in para 3.2 above.
Steps :
The tax so paid by the employer shall be deemed to be TDS made from the salary of the employee.
3.4 Salary From More Than One Employer - Sub-section (2) of section 192 deals with situations where an
individual is working under more than one employer or has changed from one employer to another. It
provides for deduction of tax at source by such employer (as the taxpayer may choose) from the aggregate
salary of the employee who is or has been in receipt of salary from more than one employer. The
employee is now required to furnish to the present/chosen employer details of the income under the head
“Salaries” due or received from the former/other employer and also tax deducted at source therefrom, in
writing and duly verified by him and by the former/other employer. The present/chosen employer will be
required to deduct tax at source on the aggregate amount of salary (including salary received from the
former or other employer).
3.5 Relief when Salary Paid in Arrear or Advance - Under sub-section (2A) of section 192 where the
assessee, being a Government servant or an employee in a company, co-operative society, local authority,
university, institution, association or body is entitled to the relief under sub-section (1) of section 89, he
may furnish to the person responsible for making the payment referred to in Para (3.4), such particulars in
Form No. 10E duly verified by him, and thereupon the person responsible as aforesaid shall compute the
relief on the basis of such particulars and take the same into account in making the deduction under Para
Income Chargeable under the head “Salaries” inclusive of all perquisites : Rs. 4,50,000
Tax on Total Salaries (including Cess) : Rs. 45,320
Average Rate of Tax [(45,320/4,50,000) × 100] : 10.07%
Tax payable on Rs. 50,000 (10.07% of 50,000) : Rs. 5,035
Amount required to be deposited each month : Rs. 420
(5,035/12)
2/2/2010
(3.1) above.
Explanation.—For this purpose “University” means a University established or incorporated by or under a
Central, State or Provincial Act, and includes an institution declared under section 3 of the University
Grants Commission Act, 1956 (3 of 1956), to be University for the purposes of the Act.
However with effect from 1-4-2010 (assessment year 2010-11) that no such relief shall be granted in
respect of any amount received or receivable by an assessee on his voluntary retirement or termination of
his service, in accordance with any scheme or schemes of voluntary retirement or in the case of a public
sector company referred to in sub-clause (i) of clause (10C) of section 10 (read with Rule 2BA), a scheme
of voluntary separation, if an exemption in respect of any amount received or receivable on such voluntary
retirement or termination of his service or voluntary separation has been claimed by the assessee under
clause (10C) of section 10 in respect of such, or any other, assessment year.
3.6 [Form 12C has been omitted by the IT(24th Amendment) Rules, 2003 w.e.f. 1-10-2003 - (i) Sub-section
(2B) of section 192 enables a taxpayer to furnish particulars of income under any head other than
“Salaries” and of any tax deducted at source thereon. Form No. 12C, which was earlier prescribed for
furnishing such particulars, has since been omitted from the Income-tax Rules. However, the particulars
may now be furnished in a simple statement, which is properly verified by the taxpayer in the same
manner as was required to be done in Form 12C.
(ii) Such income should not be a loss under any such head other than the loss under the head “Income from
House Property” for the same financial year. The person responsible for making payment (DDO) shall
take such other income and tax, if any, deducted at source from such income, and the loss, if any, under
the head “Income from House Property” into account for the purpose of computing tax deductible under
section 192 of the Income-tax Act. However, this sub-section shall not in any case have the effect of
reducing the tax deductible (except where the loss under the head “Income from House Property” has been
taken into account) from income under the head “Salaries” below the amount that would be so deductible
if the other income and the tax deducted thereon had not been taken into account. In other words, the DDO
can take into account any loss (negative income) only under the head “Income from House Property” and
no other head for working out the amount of total tax to be deducted. While taking into account the loss
from House Property, the DDO shall ensure that the assessee files the declaration referred to above and
encloses therewith a computation of such loss from House Property.
(iii) Sub-section (2C) lays down that a person responsible for paying any income chargeable under the
head “Salaries” shall furnish to the person to whom such payment is made a statement giving correct and
complete particulars of perquisites or profits in lieu of salary provided to him and the value thereof in
Form No. 12BA. (Annexure-II). Form No. 12BA along with Form No. 16, as issued by the employer, are
required to be produced on demand before the Assessing Officer in terms of section 139C of the Incometax
Act.
3.7 Conditions for Claim of Deduction of Interest on Borrowed Capital for Computation of Income from
House Property - (i) For the purpose of computing income/loss under the head ‘Income from House
Property’ in respect of a self-occupied residential house, a normal deduction of Rs. 30,000 is allowable in
respect of interest on borrowed capital. However, a deduction on account of interest up to a maximum
limit of Rs. 1,50,000 is available if such loan has been taken on or after 1-4-1999 for constructing or
acquiring the residential house and the construction or acquisition of the residential unit out of such loan
has been completed within three years from the end of the financial year in which capital was borrowed.
Such higher deduction is not allowable in respect of interest on capital borrowed for the purposes of
repairs or renovation of an existing resi-dential house. To claim the higher deduction in respect of interest
up to Rs. 1,50,000, the employee should furnish a certificate from the person to whom any interest is
payable on the capital borrowed, specifying the amount of interest payable by such employee for the
purpose of construction or acquisition of the residential house or for conversion of a part or whole of the
capital borrowed, which remains to be repaid as a new loan.
(ii) The essential conditions for availing higher deduction of interest of Rs. 1,50,000 in respect of a selfoccupied
residential house are that the amount of capital must have been borrowed on or after 1-4-1999
and the acquisition or construction of residential house must have been completed within three years from
the end of the financial year in which capital was borrowed. There is no stipulation regarding the date of
commencement of construction. Consequently, the construction of the residential house could have
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commenced before 1-4-1999 but, as long as its construction/acquisition is completed within three years,
from the end of the financial year in which capital was borrowed the higher deduction would be available
in respect of the capital borrowed after 1-4-1999. It may also be noted that there is no stipulation regarding
the construction/acquisition of the residential unit being entirely financed by capital borrowed on or after
1-4-1999. The loan taken prior to 1-4-1999 will carry deduction of interest up to Rs. 30,000 only.
However, in any case the total amount of deduction of interest on borrowed capital will not exceed Rs.
1,50,000 in a year.
3.8 Adjustment for Excess or Shortfall of Deduction - The provisions of sub-section (3) of section 192
allow the deductor to make adjustments for any excess or shortfall in the deduction of tax already made
during the financial year, in subsequent deductions for that employee within that financial year itself.
3.9 TDS on Payment of Balance Under Provident Fund and Superannuation Fund - The trustees of a
Recognized Provident Fund, or any person authorized by the regulations of the Fund to make payment of
accumulated balances due to employees, shall, in cases where sub-rule (1) of rule 9 of Part A of the Fourth
Schedule to the Act applies, at the time when the accumulated balance due to an employee is paid, make
there from the deduction specified in rule 10 of Part A of the Fourth Schedule.
3.10 Where any contribution made by an employer, including interest on such contributions, if any, in an
approved Superannuation Fund is paid to the employee, tax on the amount so paid shall be deducted by the
trustees of the Fund to the extent provided in rule 6 of Part B of the Fourth Schedule to the Act.
3.11 Salary Paid in Foreign Currency - For the purposes of deduction of tax on salary payable in foreign
currency, the value in rupees of such salary shall be calculated at the prescribed rate of exchange.
4. Persons responsible for deducting tax and their duties
4.1 Under clause (i) of section 204 of the Act the “persons responsible for paying” for the purpose of
section 192 means the employer himself or if the employer is a Company, the Company itself including
the Principal Officer thereof.
4.2 The tax determined as per para 6 should be deducted from the salary under section 192 of the Act.
4.3 Deduction of Tax at Lower Rate - Section 197 enables the taxpayer to make an application in Form No.
13 to his Assessing Officer, and, if the Assessing Officer is satisfied that the total income of the taxpayer
justifies the deduction of income-tax at any lower rate or no deduction of income tax, he may issue an
appropriate certificate to that effect which should be taken into account by the Drawing and Disbursing
Officer while deducting tax at source. In the absence of such a certificate furnished by the employee, the
employer should deduct income-tax on the salary payable at the normal rates : (Circular No. 147, dated 28-
10-1974.)
4.4 Deposit of Tax Deducted - According to the provisions of section 200, any person deducting any sum
in accordance with the provisions of section 192 or paying tax on non-monetary perquisites on behalf of
the employee under section 192(1A), shall pay the sum so deducted or tax so calculated on the said nonmonetary
perquisites, as the case may be, to the credit of the Central Government in prescribed manner
(vide Rule 30 of the Income-tax Rules, 1962). In the case of deductions made by, or, on behalf of the
Government, the payment has to be made on the day of the tax-deduction itself. In other cases, the
payment has to be made within one week from the last day of month in which deduction is made.
4.5 Interest, Penalty & Prosecution for Failure to Deposit Tax Deducted - If a person fails to deduct the
whole or any part of the tax at source, or, after deducting, fails to pay the whole or any part of the tax to
the credit of the Central Government within the prescribed time, he shall be liable to action in accordance
with the provisions of section 201. Sub-section (1A) of section 201 lays down that such person shall be
liable to pay simple interest at one per cent for every month or part of the month on the amount of such tax
from the date on which such tax was deductible to the date on which the tax is actually paid. Such interest,
if chargeable, has to be paid before furnishing of quarterly statement of TDS for each quarter. Section
271C lays down that if any person fails to deduct tax at source, he shall be liable to pay, by way of penalty,
a sum equal to the amount of tax not deducted by him. Further, section 276B lays down that if a person
fails to pay to the credit of the Central Government within the prescribed time the tax deducted at source
by him, he shall be punishable with rigorous imprisonment for a term which shall be between 3 months
and 7 years, along with fine.
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4.6 Furnishing of Certificate for Tax Deducted - According to the provisions of section 203, every person
responsible for deducting tax at source is required to furnish a certificate to the payee to the effect that tax
has been deducted and to specify therein the amount deducted and certain other particulars. This
certificate, usually called the “TDS certificate” has to be furnished within a period of one month from the
end of the relevant financial year. Even the banks deducting tax at the time of payment of pension are
required to issue such certificates. In the case of employees receiving salary income (including pension),
the certificate has to be issued in Form No. 16. However, in the case of an employee who is resident in
India and whose income from salaries does not exceed Rs. 1,50,000, the certificate of deduction of tax
shall be issued in Form No. 16AA (Specimen Form 16AA enclosed as Annexure-III). It is, however,
clarified that there is no obligation to issue the TDS certificate (Form 16 or Form 16AA) in case tax at
source is not deductible/deducted by virtue of claims of exemptions and deductions. As per section 192,
the responsibility of providing correct and complete particulars of perquisites or profits in lieu of salary
given to an employee is placed on the person responsible for paying such income i.e., the person
responsible for deducting tax at source. The form and manner of such particulars are prescribed in rule
26A, Form 12BA, Form 16 and Form 16AA of the Income-tax Rules.
Information relating to the nature and value of perquisites is to be provided by the employer in Form No.
12BA in case of salary above Rs. 1,50,000. In other cases, the information would have to be provided by
the employer in Form 16 itself. In either case, Form 16 with Form 12BA or Form 16 by itself will have to
be furnished within a period of one month from the end of relevant financial year.
An employer, who has paid the tax on perquisites on behalf of the employee as per the provisions
discussed in paras 3.2 and 3.3, shall furnish to the employee concerned a certificate to the effect that tax
has been paid to the Central Government and specify the amount so paid, the rate at which tax has been
paid and certain other particulars in the amended Form 16.
The obligation cast on the employer under section 192(2C) for furnishing a statement showing the value of
perquisites provided to the employee is a serious responsibility of the employer, which is expected to be
discharged in accordance with law and rules of valuation framed thereunder. Any false information,
fabricated documentation or suppression of requisite information will entail consequences therefore
provided under the law. The certificates in Form No. 12BA and Form No. 16 are to be issued on taxdeductor’s
own stationery within one month from the close of the financial year i.e., by April 30 of every
year. If he fails to issue these certificates to the person concerned, as required by section 203, he will be
liable to pay, by way of penalty, under section 272A, a sum which shall be Rs. 100 for every day during
which the failure continues.
4.7 Option to issue TDS Certificates by way of digital signatures - Since the requirement of annexing the
TDS certificates with the return of income has been dispensed with, the TDS certificates will be now
issued only for the purpose of personal record of the deductees subject to the condition that they may be
required to produce the same on demand before the Assessing Officer in terms of section 139C, inserted
by the Finance Act, 2007. The TDS claim made in the return of income is also required to be matched with
the e-TDS returns furnished by the deductors. Assessing Officers may, if considered necessary, also write
to the deductors for verification of the correctness of the taxes deducted or other particulars mentioned in
the certificate. It has been decided for the proper administration of this Income-tax Act to allow the
deductors, at their option, in respect of the tax to be deducted at source from income chargeable under the
head ‘Salaries’ to use their digital signatures to authenticate the certificates of deduction of tax at source in
Form No. 16. The deductors will have to ensure that TDS certificates in Form No. 16 bearing digital
signatures have a control No. with log to be maintained by the employer (deductor). The deductor will
ensure that its TAN and the PAN of the employee are correctly mentioned in such Form No. 16 issued
with digital signatures. The deductors will also ensure that once the certificates are digitally signed, the
contents of the certificates are not amenable to change by anyone. The Income-tax authorities shall treat
such certificate with digital signatures as a certificate issued in accordance with rule 31 of the Income-tax
Rules, 1962. (Circular No.2/2007, dated 21-5-2007).
4.8 Mandatory Quoting of PAN and TAN - According to the provisions of section 203A of the Income-tax
Act, it is obligatory for all persons responsible for deducting tax at source to obtain and quote the taxdeduction
Account No. (TAN) in the challans, TDS- certificates, statements and other documents. Detailed
instructions in this regard are available in this Department’s Circular No. 497 (F. No. 275/118/87-IT(B),
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dated 9-10-1987). If a person fails to comply with the provisions of section 203A, he will be liable to pay,
by way of penalty, under section 272BB, a sum of ten thousand rupees. Similarly, as per section 139A
(5B), it is obligatory for persons deducting tax at source to quote PAN of the persons from whose incometax
has been deducted in the statement furnished under section 192(2C), certificates furnished under
section 203 and all returns prepared and delivered as per the provisions of section 200(3) of the Incometax
Act, 1961.
4.9 All tax deductors/collectors are required to file the TDS returns in Form No. 24Q (for tax deducted
from salaries). As the requirement of filing TDS/TCS certificates has been done away with, the lack of
PAN of deductees is creating difficulties in giving credit for the tax deducted. It has, therefore, been
decided that TDS returns for salaries, i.e., Form No. 24Q with less than 95% of PAN data will not be
accepted during financial year 2009-10. Tax deductors and tax collectors are, therefore, advised to quote
correct PAN details of all deductees in the TDS returns, failing which the TDS returns will not be accepted
and all penal consequences under the Income-tax Act will follow. Taxpayers liable to TDS are also
advised to furnish their correct PAN with their deductors, failing which they will also face penal
proceedings under the Income-tax Act.
4.10 Quarterly Statement of TDS - The person deducting the tax (employer in case of salary income), is
required to file Quarterly Statements of TDS for the periods ending on 30th June, 30th September, 31st
December and 31st March of each financial year, duly verified, to the Director General of Income-tax
(Systems) or M/s National Securities Depository Ltd. (NSDL). These statements are required to be filed on
or before the 15th July, the 15th October, the 15th January in respect of the first three quarters of the
financial year and on or before the 15th June following the last quarter of the financial year. The
requirement of filing an annual return of TDS has been done away with effect from 1-4-2006. The
quarterly statement for the last quarter filed in Form 24Q (as amended by Notification No. S.O. 704(E),
dated 12-5-2006) shall be treated as the annual return of TDS.
It is now mandatory for all offices of the Government, companies, deductors who are required to get their
accounts audited under section 44AB of the Income-tax Act or where the number of deductees’ records in
a quarterly statement for any quarter of the immediately preceding financial year is equal to or more than
fifty to file quarterly statements of TDS on computer media only in accordance with the Electronic Filing
of Returns of Tax Deducted at Source Scheme, 2003 as notified vide Notification No. S.O. 974(E), dated
26-8-2003. (Annexure-IV). The quarterly statements are to be filed by such deductors in electronic format
with the e-TDS Intermediary at any of the TIN Facilitation Centres, particulars of which are available at
www.incometaxindia.gov.in and at http://tin.nsdl.com. If a person fails to furnish the quarterly statements
in due time, he shall be liable to pay by way of penalty under section 272A(2)(k), a sum which shall be Rs.
100 for every day during which the failure continues. However, this sum shall not exceed the amount of
tax which was deductible at source.
The Quarterly Statements are be filed on computer media only in accordance with rule 31A of the Incometax
Rules, 1962. These Quarterly Statements compulsorily require quoting of the Tax Deduction Account
Number (TAN) of the tax-deductor and the Permanent Account Number (PAN) of the employees whose
tax has been deducted. Therefore, all Drawing and Disbursing Officers of the Central and State
Governments/ Departments, who have not yet obtained TAN, must immediately apply for and obtain
TAN. Similarly, all employees (including non-resident employees) from whose income, tax is to be
deducted may be advised to obtain PAN, if not already obtained, and to quote the same correctly, as
otherwise the credit for the tax deducted cannot be given. A penalty under section 272B of Rs. 10,000 has
been prescribed for wilfully intimating a false PAN.
4.11 A return filed on the prescribed computer readable media shall be deemed to be a return for the
purposes of section 200(3) and the Rules made thereunder, and shall be admissible in any proceeding
thereunder, without further proof of production of the original, as evidence of any contents of the original.
4.12 Challans for Deposit of TDS - While making the payment of tax deducted at source to the credit of
the Central Government, it may be ensured that the correct amount of income-tax is recorded in the
relevant challan. It may also be ensured that the right type of challan is used. The relevant challan for
making payment of tax deducted at source from salaries is challan No. ITNS-281. Wherever the amount of
tax deducted at source is credited to the Central Government through book adjustment, care should be
taken to ensure that the correct amount of income-tax is reflected therein.
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4.13 TDS on Income from Pension - In the case of pensioners who receive their pension from a
nationalized bank, the instructions contained in this circular shall apply in the same manner as they apply
to salary-income. The deductions from the amount of pension under section 80C on account of
contribution to Life Insurance, Provident Fund, NSC etc., if the pensioners furnish the relevant details to
the banks, may be allowed. Necessary instructions in this regard were issued by the Reserve Bank of India
to the State Bank of India and other nationalized Banks vide RBI’s Pension Circular (Central Series) No.
7/CDR/1992 (Ref. CO: DGBA: GA (NBS) No. 60/GA.64(11CVL)-/92) dated the 27th April, 1992, and,
these instructions should be followed by all the branches of the Banks, which have been entrusted with the
task of payment of pensions. Further all branches of the banks are bound under section 203 to issue
certificate of tax deducted in Form 16 to the pensioners also vide CBDT Circular No. 761, dated 13-1-
1998.
New Pension Scheme
The New Pension Scheme (NPS) has become operational since 1st January, 2004 and is mandatory for all
new recruits to the Central Government Services from 1st January, 2004. Since then it has been opened to
employees of State Governments, Private Sector and Self Employed (both organized and unorganized).
The income received by the NPS trust is exempt. The NPS trust is exempted from the Dividend
Distribution Tax and is also exempt from the Securities Transaction Tax on all purchases and sales of
equities and derivatives. The NPS trust will also receive income without tax deduction at source. The
above amendments are retrospectively effective from 1-4-2009 (assessment year 2009-10) onwards.
4.14 Important Circulars - Where Non-Residents are deputed to work in India and taxes are borne by the
employer, if any refund becomes due to the employee after he has already left India and has no bank
account in India by the time the assessment orders are passed, the refund can be issued to the employer as
the tax has been borne by it: Circular No. 707, dated 11-7-1995.
4.15 TDS certificates issued by Central Government departments which are making payments by book
adjustment, should be accepted by the Assessing Officers if they indicate that credit has been effected to
the Income-tax Department by book adjustment and the date of such adjustment is given therein. In such
cases, the Assessing Officers may not insist on details like challan numbers, dates of payment into
Government Account etc., but they should in any case satisfy themselves regarding the genuineness of the
certificates produced before them : Circular No. 747, dated 27-12-1996.
4.16 There is a specific procedure laid down for refund of payments made by the deductor in excess of
taxes deducted at source, vide Circular No. 285, dated 21-10-1980.
4.17 In respect of non-residents, the salary paid for services rendered in India shall be regarded as income
earned in India. It has been specifically provided in the Act that any salary payable for rest period or leave
period which is both preceded or succeeded by service in India and forms part of the service contract of
employment will also be regarded as income earned in India.
5. Estimation of income under the head “Salaries”
5.1 Income chargeable under the head “Salaries”. - (1) The following income shall be chargeable to
income-tax under the head “Salaries” :—
(a) any salary due from an employer or a former employer to an assessee in the previous year, whether
paid or not;
(b) any salary paid or allowed to him in the previous year by or on behalf of an employer or a former
employer though not due or before it became due to him.
(c) any arrears of salary paid or allowed to him in the previous year by or on behalf of an employer or a
former employer, if not charged to income-tax for any earlier previous year.
(2) For the removal of doubts, it is clarified that where any salary paid in advance is included in the total
income of any person for any previous year it shall not be included again in the total income of the person
when the salary becomes due. Any salary, bonus, commission or remuneration, by whatever name called,
due to, or received by, a partner of a firm from the firm shall not be regarded as “Salary”.
Definition of Salary - (3) “Salary” includes wages, fees, commissions, perquisites, profits in lieu of, or, in
addition to salary, advance of salary, annuity or pension, gratuity, payments in respect of encashment of
leave etc. It also includes the annual accretion to the employee’s account in a recognized provident fund to
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the extent it is chargeable to tax under rule 6 of Part A of the Fourth Schedule of the Income- tax Act.
Contributions made by the employer to the account of the employee in a recognized provident fund in
excess of 12 per cent of the salary of the employee, along with interest applicable, shall be included in the
income of the assessee for the previous year. Any contribution made by the Central Government or any
other employer to the account of the employee under the New Pension Scheme as notified vide
Notification No. F. No. 5/7/2003-ECB&PR, dated 22-12-2003(enclosed as Annexure-IVA) referred to in
section 80CCD [para 5.4(C) of this Circular] shall also be included in the salary income. Other items
included in salary, profits in lieu of salary and perquisites are described in section 17 of the Income-tax
Act. It may be noted that, since salary includes pensions, tax at source would have to be deducted from
pension also, if otherwise called for. However, no tax is required to be deducted from the commuted
portion of pension which is exempt, as explained in clause (3) of para 5.2 of this Circular.
(4) Section 17 defines the terms “salary”, “perquisite” and “profits in lieu of salary”.
Perquisite includes :—
(a) The value of rent free accommodation provided to the employee by his employer;
(b) The value of any concession in the matter of rent in respect of any accommodation provided to the
employee by his employer;
(c) The value of any benefit or amenity granted or provided free of cost or at concessional rate in any of
the following cases :—
(i) By a company to an employee who is a director of such company;
(ii) By a company to an employee who has a substantial interest in the company;
(iii) By an employer (including a company) to an employee, who is not covered by (i) or (ii) above
and whose income under the head ‘Salaries’ (whether due from or paid or allowed by one or
more employers), exclusive of the value of all benefits and amenities not provided by way of
monetary payment, exceeds Rs. 50,000.
What constitute concession in the matter of rent have been prescribed in Explanations 1 to 4 below section
17(2)(ii) of the Income-tax Act, 1961.
With effect from 1-4-2010 (assessment year 2010-11) it is further clarified that the value of any specified
security or sweat equity shares allotted or transferred, directly or indirectly, by the employer, or former
employer, free of cost or at concessional rate to the assessee, shall be constituted as perquisites in the hand
of employees.
Explanation.—For the purposes of this sub-clause,—
(a) “specified security” means the securities as defined in clause (h) of section 2 of the Securities
Contracts (Regulation) Act, 1956 (42 of 1956) and, where employees’ stock option has been granted
under any plan or scheme therefore, includes the securities offered under such plan or scheme;
(b) “sweat equity shares” means equity shares issued by a company to its employees or directors at a
discount or for consideration other than cash for providing know-how or making available rights in
the nature of intellectual property rights or value additions, by whatever name called;
(c) the value of any specified security or sweat equity shares shall be the fair market value of the
specified security or sweat equity shares, as the case may be, on the date on which the option is
exercised by the assessee as reduced by the amount actually paid by, or recovered from the assessee
in respect of such security or shares;
(d) “fair market value” means the value determined in accordance with the method as may be prescribed;
(e) “option” means a right but not an obligation granted to an employee to apply for the specified
security or sweat equity shares at a predetermined price;
The amount of any contribution to an approved superannuation fund by the employer in respect of the
assessee, to the extent it exceeds one lakh rupees; and
The value of any other fringe benefit or amenity as may be prescribed.
It is further provided that ‘profits in lieu of salary’ shall include amounts received in lump sum or
otherwise, prior to employment or after cessation of employment for the purposes of taxation.
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The rules for valuation of perquisite are as under : —
I. Accommodation - For purpose of valuation of the perquisite of unfurnished accommodation, all
employees are divided into two categories : (i) Central Government & State Government employees; and
(ii) Others.
For employees of the Central and State Governments the value of perquisite shall be equal to the licence
fee charged for such accommodation as reduced by the rent actually paid by the employee.
For all others, i.e., those salaried taxpayers not in employment of the Central Government and the State
Government, the valuation of perquisite in respect of accommodation would be at prescribed rates, as
discussed below :—
(a) Where the accommodation provided to the employee is owned by the employer, the rate is 15 per
cent of ‘salary’ in cities having population exceeding 25 lakhs as per the 2001 census. The rate is 10
per cent of salary in cities having population exceeding 10 lakhs but not exceeding 25 lakhs as per
2001 Census. For other places, the perquisite value would be 7½ per cent of the salary.
(b) Where the accommodation so provided is taken on lease/rent by the employer, the prescribed rate is
15 per cent of the salary or the actual amount of lease rental payable by the employer, whichever is
lower, as reduced by any amount of rent paid by the employee.
For furnished accommodation, the value of perquisite as determined by the above method shall be
increased by—
(i) 10 per cent of the cost of furniture, appliances and equipments, or
(ii) where the furniture, appliances and equipments have been taken on hire, by the amount of actual hire
charges payable.
- as reduced by any charges paid by the employee himself.
“Accommodation” includes a house, flat, farm house, hotel accommodation, motel, service apartment
guest house, a caravan, mobile home, ship etc. However, the value of any accommodation provided to an
employee working at a mining site or an on-shore oil exploration site or a project execution site or a dam
site or a power generation site or an off-shore site will not be treated as a perquisite. However, such
accommodation should either be located in a ‘remote area’ or where it is not located in a ‘remote area’, the
accommodation should be of a temporary nature having plinth area of not more than 800 square feet and
should not be located within 8 kilometers of the local limits of any municipality or cantonment board. A
project execution site for the purposes of this sub-rule means a site of project up to the stage of its
commissioning. A “remote area” means an area located at least 40 kilometers away from a town having a
population not exceeding 20,000 as per the latest published all-India census.
If an accommodation is provided by an employer in a hotel the value of the benefit in such a case shall be
24 per cent of the annual salary or the actual charges paid or payable to such hotel, whichever is lower, for
the period during which such accommodation is provided as reduced by any rent actually paid or payable
by the employee. However, where in cases the employee is provided such accommodation for a period not
exceeding in aggregate fifteen days on transfer from one place to another, no perquisite value for such
accommodation provided in a hotel shall be charged. It may be clarified that while services provided as an
integral part of the accommodation, need not be valued separately as perquisite, any other services over
and above that for which the employer makes payment or reimburses the employee shall be valued as a
perquisite as per the residual clause. In other words, composite tariff for accommodation will be valued as
per these Rules and any other charges for other facilities provided by the hotel will be separately valued
under the residual clause. Also, if on account of an employee’s transfer from one place to another, the
employee is provided with accommodation at the new place of posting while retaining the accommodation
at the other place, the value of perquisite shall be determined with reference to only one such
accommodation which has the lower value as per the table prescribed in rule 3 of the Income-tax Rules,
for a period up to 90 days. However, after that the value of perquisite shall be charged for both
accommodations as prescribed.
II. Personal attendants etc. - The value of free service of all personal attendants including a sweeper,
gardener and a watchman is to be taken at actual cost to the employer. Where the attendant is provided at
the residence of the employee, full cost will be taxed as perquisite in the hands of the employee
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irrespective of the degree of personal service rendered to him. Any amount paid by the employee for such
facilities or services shall be reduced from the above amount.
III. Gas, electricity & water - For free supply of gas, electricity and water for household consumption, the
rules provide that the amount paid by the employer to the agency supplying the amenity shall be the value
of perquisite. Where the supply is made from the employer’s own resources, the manufacturing cost per
unit incurred by the employer would be taken for the valuation of perquisite. Any amount paid by the
employee for such facilities or services shall be reduced from the above amount.
IV. Free or concessional education - Perquisite on account of free or concessional education shall be
valued in a manner assuming that such expenses are borne by the employee, and would cover cases where
an employer is running, maintaining or directly or indirectly financing the educational institution. Any
amount paid by the employee for such facilities or services shall be reduced from the above amount.
However, where such educational institution itself is maintained and owned by the employer or where
such free educational facilities are provided in any institution by reason of his being in employment of that
employer, the value of the perquisite to the employee shall be determined with reference to the cost of
such education in a similar institution in or near the locality if the cost of such education or such benefit
per child exceeds Rs. 1000 p.m.
V. Interest free or concessional loans - It is common practice, particularly in financial institutions, to
provide interest free or concessional loans to employees or any member of his household. The value of
perquisite arising from such loans would be the excess of interest payable at prescribed interest rate over
interest, if any, actually paid by the employee or any member of his household. The prescribed interest rate
would now be the rate charged per annum by the State Bank of India as on the 1st day of the relevant
financial year in respect of loans of same type and for the same purpose advanced by it to the general
public. Perquisite value would be calculated on the basis of the maximum outstanding monthly balance
method. For valuing perquisites under this rule, any other method of calculation and adjustment otherwise
adopted by the employer shall not be relevant.
However, small loans up to Rs. 20,000 in the aggregate are exempt. Loans for medical treatment specified
in rule 3A are also exempt, provided the amount of loan for medical reimbursement is not reimbursed
under any medical insurance scheme. Where any medical insurance reimbursement is received, the
perquisite value at the prescribed rate shall be charged from the date of reimbursement on the amount
reimbursed, but not repaid against the outstanding loan taken specifically for this purpose.
VI. Use of assets - It is common practice for an asset owned by the employer to be used by the employee
or any member of his household. This perquisite is to be charged at the rate of 10% of the original cost of
the asset as reduced by any charges recovered from the employee for such use. However, the use of
Computers and Laptops would not give rise to any perquisite.
VII. Transfer of assets - Often an employee or member of his household benefits from the transfer of
movable asset (not being shares or securities) at no cost or at a cost less than its market value from the
employer. The difference between the original cost of the movable asset (not being shares or securities)
and the sum, if any, paid by the employee, shall be taken as the value of perquisite. In case of a movable
asset, which has already been put to use, the original cost shall be reduced by a sum of 10 per cent of such
original cost for every completed year of use of the asset. Owing to a higher degree of obsolescence, in
case of computers and electronic gadgets, however, the value of perquisite shall be worked out by
reducing 50 per cent of the actual cost by the reducing balance method for each completed year of use.
Electronic gadgets in this case means data storage and handling devices like computer, digital diaries and
printers. They do not include household appliance (i.e., white goods) like washing machines, microwave
ovens, mixers, hot plates, ovens etc. Similarly, in case of cars, the value of perquisite shall be worked out
by reducing 20% of its actual cost by the reducing balance method for each completed year of use.
VIII. Medical Reimbursement by the employer exceeding Rs. 15,000 p.a. under section 17(2)(v) is to be
taken as perquisites - It is further clarified that the rule position regarding valuation of perquisites are
given at section 17(2) of Income-tax Act, 1961 and at rule 3 of Income-tax Rules, 1962. The deductors
may look into the above provisions carefully before they determine the perquisite value for deduction
purposes.
It is pertinent to mention that benefits specifically exempt under sections 10(13A), 10(5), 10(14), 17 etc.,
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would continue to be exempt. These include benefits like travel on tour and transfer, leave travel, daily
allowance to meet tour expenses as prescribed, medical facilities subject to conditions.
5.2 Incomes not included in the head “Salaries” (Exemptions) - Any income falling within any of the
following clauses shall not be included in computing the income from salaries for the purpose of section
192 of the Act :—
(1) The value of any travel concession or assistance received by or due to an employee from his employer
or former employer for himself and his family, in connection with his proceeding (a) on leave to any place
in India or (b) on retirement from service, or, after termination of service to any place in India is exempt
under clause (5) of section 10 subject, however, to the conditions prescribed in rule 2B of the Income-tax
Rules, 1962.
For the purpose of this clause, “family” in relation to an individual means :—
(i) The spouse and children of the individual; and
(ii) the parents, brothers and sisters of the individual or any of them, wholly or mainly dependent on the
individual.
It may also be noted that the amount exempt under this clause shall in no case exceed the amount of
expenses actually incurred for the purpose of such travel.
(2) Death-cum-retirement gratuity or any other gratuity which is exempt to the extent specified from
inclusion in computing the total income under clause (10) of section 10. Any death-cum-retirement
gratuity received under the revised Pension Rules of the Central Government or, as the case may be, the
Central Civil Services (Pension) Rules, 1972, or under any similar scheme applicable to the members of
the civil services of the Union or holders of posts connected with defence or of civil posts under the Union
(such members or holders being persons not governed by the said Rules) or to the members of the all-India
services or to the members of the civil services of a State or holders of civil posts under a State or to the
employees of a local authority or any payment of retiring gratuity received under the Pension Code or
Regulations applicable to the members of the defence service.
Gratuity received in cases other than above on retirement, termination etc. is exempt up to the limit as
prescribed by the Board.
(3) Any payment in commutation of pension received under the Civil Pension (Commutation) Rules of the
Central Government or under any similar scheme applicable to the members of the civil services of the
Union, or holders of civil posts/posts connected with defence, under the Union, or civil posts under a State,
or to the members of the All India Services/Defence Services, or, to the employees of a local authority or a
corporation established by a Central, State or Provincial Act, is exempt under sub-clause (i) of clause
(10A) of section 10. As regards payments in commutation of pension received under any scheme of any
other employer, exemption will be governed by the provisions of sub-clause (ii) of clause (10A) of section
10. Also, any payment in commutation of pension received from a Regimental Fund or Non-Public Fund
established by the Armed Forces of the Union referred to in section 10(23AAB) is exempt under sub-clause
(iii) of clause (10A) of section 10.
(4) Any payment received by an employee of the Central Government or a State Government, as cashequivalent
of the leave salary in respect of the period of earned leave at his credit at the time of his
retirement, whether on superannuation or otherwise, is exempt under sub-clause (i) of clause (10AA) of
section 10. In the case of other employees, this exemption will be determined with reference to the leave to
their credit at the time of retirement on superannuation, or otherwise, subject to a maximum of ten months’
leave. This exemption will be further limited to the maximum amount specified by the Government of
India Notification No. S.O. 588(E), dated 31-5-2002 at Rs. 3,00,000 in relation to such employees who
retire, whether on superannuation or otherwise, after 1-4-1998.
(5) Under section 10(10B), the retrenchment compensation received by a workman is exempt from
income-tax subject to certain limits. The maximum amount of retrenchment compensation exempt is the
sum calculated on the basis provided in section 25F(b) of the Industrial Disputes Act, 1947 or any amount
not less than Rs. 50,000 as the Central Government may by notification specify in the Official Gazette,
whichever is less. These limits shall not apply in the case where the compensation is paid under any
scheme which is approved in this behalf by the Central Government, having regard to the need for
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extending special protection to the workmen in the undertaking to which the scheme applies and other
relevant circumstances. The maximum limit of such payment is Rs. 5,00,000 where retrenchment is on or
after 1-1-1997.
(6) Under section 10(10C), any payment received or receivable (even if received in instalments) by an
employee of the following bodies at the time of his voluntary retirement or termination of his service, in
accordance with any scheme or schemes of voluntary retirement or in the case of public sector company, a
scheme of voluntary separation, is exempted from income-tax to the extent that such amount does not
exceed five lakh rupees :
(a) A public sector company;
(b) Any other company;
(c) An Authority established under a Central, State or Provincial Act;
(d) A Local Authority;
(e) A Cooperative Society;
(f) A university established or incorporated or under a Central, State or Provincial Act, or, an Institution
declared to be a University under section 3 of the University Grants Commission Act, 1956;
(g) Any Indian Institute of Technology within the meaning of clause (g) of section 3 of the Institute of
Technology Act, 1961;
(h) Such Institute of Management as the Central Government may by notification in the Official Gazette,
specify in this behalf.
The exemption of amount received under VRS has been extended to employees of the Central Government
and State Government and employees of notified institutions having importance throughout India or any
State or States. It may also be noted that where this exemption has been allowed to any employee for any
assessment year, it shall not be allowed to him for any other assessment year.
(7) Any sum received under a Life Insurance Policy, including the sum allocated by way of bonus on such
policy other than:
(i) any sum received under sub-section (3) of section 80DD or sub-section (3) of section 80DDA, or
(ii) any sum received under Keyman Insurance Policy, or
(iii) any sum received under an insurance policy issued on or after 1-4-2003 in respect of which the
premium payable for any of the years during the term of the policy exceeds 20 per cent of the actual
capital sum assured. However, any sum received under such policy on the death of a person would
still be exempt.
(8) any payment from a Provident Fund to which the Provident Funds Act, 1925 (19 of 1925), applies or
from any other provident fund set up by the Central Government and notified by it in this behalf in the
Official Gazette.
(9) Under section 10(13A) of the Income-tax Act, 1961, any special allowance specifically granted to an
assessee by his employer to meet expenditure incurred on payment of rent (by whatever name called) in
respect of residential accommodation occupied by the assessee is exempt from income-tax to the extent as
may be prescribed, having regard to the area or place in which such accommodation is situated and other
relevant considerations. According to rule 2A of the Income-tax Rules, 1962, the quantum of exemption
allowable on account of grant of special allowance to meet expenditure on payment of rent shall be :
(a) The actual amount of such allowance received by an employer in respect of the relevant period; or
(b) The actual expenditure incurred in payment of rent in excess of 1/10 of the salary due for the relevant
period; or
(c) Where such accommodation is situated in Bombay, Calcutta, Delhi or Madras, 50 per cent of the
salary due to the employee for the relevant period; or
(d) Where such accommodation is situated in any other place, 40 per cent of the salary due to the
employee for the relevant period,
whichever is the least.
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For this purpose, “Salary” includes dearness allowance, if the terms of employment so provide, but
excludes all other allowances and perquisites.
It has to be noted that only the expenditure actually incurred on payment of rent in respect of residential
accommodation occupied by the assessee subject to the limits laid down in Rule 2A, qualifies for
exemption from income-tax. Thus, house rent allowance granted to an employee who is residing in a
house/flat owned by him is not exempt from income-tax. The disbursing authorities should satisfy
themselves in this regard by insisting on production of evidence of actual payment of rent before
excluding the House Rent Allowance or any portion thereof from the total income of the employee.
Though incurring actual expenditure on payment of rent is a pre-requisite for claiming deduction under
section 10(13A), it has been decided as an administrative measure that salaried employees drawing house
rent allowance up to Rs. 3,000 per month will be exempted from production of rent receipt. It may,
however, be noted that this concession is only for the purpose of tax-deduction at source, and, in the
regular assessment of the employee, the Assessing Officer will be free to make such enquiry as he deems
fit for the purpose of satisfying himself that the employee has incurred actual expenditure on payment of
rent.
(10) Clause (14) of section 10 provides for exemption of the following allowances :—
(i) Any special allowance or benefit granted to an employee to meet the expenses incurred in the
performance of his duties as prescribed under Rule 2BB subject to the extent to which such expenses
are actually incurred for that purpose.
(ii) Any allowance granted to an employee either to meet his personal expenses at the place of his
posting or at the place he ordinarily resides or to compensate him for the increased cost of living,
which may be prescribed and to the extent as may be prescribed.
However, the allowance referred to in (ii) above should not be in the nature of a personal allowance
granted to the assessee to remunerate or compensate him for performing duties of a special nature relating
to his office or employment unless such allowance is related to his place of posting or residence.
The CBDT has prescribed guidelines for the purpose of sub-clauses (i) and (ii) of section 10(14) vide
Notification No. SO 617(E), dated 7th July, 1995 (F. No. 142/9/95-TPL) which has been amended vide
Notification SO No. 403(E), dated 24-4-2000 (F. No. 142/34/99-TPL). The transport allowance granted to
an employee to meet his expenditure for the purpose of commuting between the place of his residence and
the place of duty is exempt to the extent of Rs. 800 per month vide Notification S.O. No. 395(E), dated 13-
5-1998.
(11) Under section 10(15)(iv)(i) of the Income-tax Act, interest payable by the Government on deposits
made by an employee of the Central Government or a State Government or a public sector company out of
his retirement benefits, in accordance with such scheme framed in this behalf by the Central Government
and notified in the Official Gazette is exempt from income-tax. By Notification No. F.2/14/89-NS-II,
dated 7-6-1989, as amended by Notification No. F.2/14/89-NS-II, dated 12-10-1989, the Central
Government has notified a scheme called Deposit Scheme for Retiring Government Employees, 1989 for
the purpose of the said clause.
(12) Any scholarship granted to meet the cost of education is not to be included in total income as per
clause (16) of section 10 of Income-tax Act.
(13) Clause (18) of section 10 provides for exemption of any income by way of pension received by an
individual who has been in the service of the Central Government or State Government and has been
awarded “Param Vir Chakra” or “Maha Vir Chakra” or “Vir Chakra” or such other gallantry award as may
be specifically notified by the Central Government or family pension received by any member of the
family of such individual. “Family” for this purpose shall have the meaning assigned to it in section 10(5)
of the Act. Such notification has been made vide Notification Nos. S.O.1948(E), dated 24-11-2000 and 81
(E), dated 29-1-2001, which are enclosed as per Annexures VA & VB.
(14) Under section 17 of the Act, exemption from tax will also be available in respect of:—
(a) the value of any medical treatment provided to an employee or any member of his family, in any
hospital maintained by the employer;
(b) any sum paid by the employer in respect of any expenditure actually incurred by the employee on his
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medical treatment or of any member of his family:
(i) in any hospital maintained by the Government or any local authority or any other hospital
approved by the Government for the purposes of medical treatment of its employees;
(ii) in respect of the prescribed diseases or ailments as provided in Rule 3A(2) of Income-tax Rules,
1962, in any hospital approved by the Chief Commissioner having regard to the prescribed
guidelines as provided in Rule 3A(1) of Income-tax Rules, 1962 :
(c) premium paid by the employer in respect of medical insurance taken for his employees (under any
scheme approved by the Central Government or Insurance Regulatory and Development Authority)
or reimbursement of insurance premium to the employees who take medical insurance for themselves
or for their family members (under any scheme approved by the Central Government or Insurance
Regulatory and Development Authority);
(d) reimbursement, by the employer, of the amount spent by an employee in obtaining medical treatment
for himself or any member of his family from any doctor, not exceeding in the aggregate Rs. 15,000
in an year.
(e) As regards medical treatment abroad, the actual expenditure on stay and treatment abroad of the
employee or any member of his family, or, on stay abroad of one attendant who accompanies the
patient, in connection with such treatment, will be excluded from perquisites to the extent permitted
by the Reserve Bank of India. It may be noted that the expenditure incurred on travel abroad by the
patient/attendant, shall be excluded from perquisites only if the employee’s gross total income, as
computed before including the said expenditure, does not exceed Rs. 2 lakhs.
For the purpose of availing exemption on expenditure incurred on medical treatment, “hospital” includes a
dispensary or clinic or nursing home, and “family” in relation to an individual means the spouse and
children of the individual. Family also includes parents, brothers and sisters of the individual if they are
wholly or mainly dependent on the individual.
Deductions under section 16 of the Act
5.3 Entertainment Allowance - A deduction is also allowed under clause (ii) of section 16 in respect of any
allowance in the nature of an entertainment allowance specifically granted by an employer to the assessee,
who is in receipt of a salary from the Government, a sum equal to one-fifth of his salary (exclusive of any
allowance, benefit or other perquisite) or five thousand rupees whichever is less. No deduction on account
of entertainment allowance is available to non-Government employees.
Tax on Employment:
The tax on employment (Professional Tax) within the meaning of clause (2) of Article 276 of the
Constitution of India, leviable by or under any law, shall also be allowed as a deduction in computing the
income under the head “Salaries”.
It may be clarified that “Standard Deduction” from gross salary income, which was being allowed up to
financial year 2004-05 is not allowable from financial year 2005-06 onwards.
5.4 Deductions under Chapter VI-A of the Act - In computing the taxable income of the employee, the
following deductions under Chapter VI-A of the Act are to be allowed from his gross total income :
A. As per section 80C, an employee will be entitled to deductions for the whole of amounts paid or
deposited in the current financial year in the following schemes, subject to a limit of Rs. 1,00,000 :
(1) Payment of insurance premium to effect or to keep in force an insurance on the life of the individual,
the spouse or any child of the individual.
(2) Any payment made to effect or to keep in force a contract for a deferred annuity, not being an annuity
plan as is referred to in item (7) herein below on the life of the individual, the spouse or any child of the
individual, provided that such contract does not contain a provision for the exercise by the insured of an
option to receive a cash payment in lieu of the payment of the annuity;
(3) Any sum deducted from the salary payable by, or, on behalf of the Government to any individual,
being a sum deducted in accordance with the conditions of his service for the purpose of securing to him a
deferred annuity or making provision for his spouse or children, insofar as the sum deducted does not
exceed 1/5th of the salary;
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(4) Any contribution made :
(a) by an individual to any Provident Fund to which the Provident Fund Act, 1925 applies;
(b) to any provident fund set up by the Central Government, and notified by it in this behalf in the
Official Gazette, where such contribution is to an account standing in the name of an individual, or
spouse or children ;
[The Central Government has since notified Public Provident Fund vide Notification No. S.O. 1559
(E), dated 3-11-2005.]
(c) by an employee to a Recognized Provident Fund;
(d) by an employee to an approved superannuation fund;
It may be noted that “contribution” to any Fund shall not include any sums in repayment of loan;
(5) Any subscription :—
(a) to any such security of the Central Government or any such deposit scheme as the Central
Government may, by notification in the Official Gazette, specify in this behalf;
(b) to any such saving certificates as defined under section 2(c) of the Government Saving Certificate
Act, 1959 as the Government may, by notification in the Official Gazette, specify in this behalf.
[The Central Government has since notified National Saving Certi-ficate (VIIIth Issue) vide Notification
No. S.O. 1560(E), dated 3-11-2005.]
(6) Any sum paid as contribution in the case of an individual, for himself, spouse or any child,
(a) for participation in the Unit Linked Insurance Plan, 1971 of the Unit Trust of India;
(b) for participation in any unit-linked insurance plan of the LIC Mutual Fund referred to in clause (23D)
of section 10 and as notified by the Central Government.
[The Central Government has since notified Unit Linked Insurance Plan (formerly known as Dhanraksha,
1989) of LIC Mutual Fund vide Notification No. S.O. 1561(E), dated 3-11-2005.]
(7) Any subscription made to effect or keep in force a contract for such annuity plan of the Life Insurance
Corporation or any other insurer as the Central Government may, by notification in the Official Gazette,
specify;
[The Central Government has since notified New Jeevan Dhara, New Jeevan Dhara-I, New Jeevan
Akshay, New Jeevan Akshay-I and New Jeevan Akshay-II vide Notification No. S.O. 1562(E), dated 3-11-
2005 and Jeevan Akshay-III vide Notification No. S.O. 847(E), dated 1-6-2006]
(8) Any subscription made to any units of any Mutual Fund, referred to in clause (23D) of section 10, or
from the Administrator or the specified company referred to in Unit Trust of India (Transfer of
Undertaking & Repeal) Act, 2002 under any plan formulated in accordance with any scheme as the
Central Government, may, by notification in the Official Gazette, specify in this behalf;
[The Central Government has since notified the Equity Linked Saving Scheme, 2005 for this purpose vide
Notification No. S.O. 1563(E), dated 3-11-2005]
The investments made after 1-4-2006 in plans formulated in accordance with Equity Linked Saving
Scheme, 1992 or
Equity Linked Saving Scheme, 1998 shall also qualify for deduction under section 80C.
(9) Any contribution made by an individual to any pension fund set up by any Mutual Fund referred to in
clause (23D) of section 10, or, by the Administrator or the specified company referred to in Unit Trust of
India (Transfer of Undertaking & Repeal) Act, 2002, as the Central Government may, by notification in
the Official Gazette, specify in this behalf;
[The Central Government has since notified UTI-Retirement Benefit Pension Fund vide Notification No.
S.O. 1564(E), dated 3-11-2005.]
(10) Any subscription made to any such deposit scheme of, or, any contribution made to any such pension
fund set up by, the National Housing Bank, as the Central Government may, by notification in the Official
Gazette, specify in this behalf;
(11) Any subscription made to any such deposit scheme, as the Central Government may, by notification
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in the Official Gazette, specify for the purpose of being floated by (a) public sector companies engaged in
providing long-term finance for construction or purchase of houses in India for residential purposes, or, (b)
any authority constituted in India by, or, under any law, enacted either for the purpose of dealing with and
satisfying the need for housing accommodation or for the purpose of planning, development or
improvement of cities, towns and villages, or for both.
[The Central Government has since notified the Public Deposit Scheme of HUDCO vide Notification No.
S.O. 37(E), dated 11-1-2007, for the purposes of section 80C(2)(xvi)(a)].
(12) Any sums paid by an assessee for the purpose of purchase or construction of a residential house
property, the income from which is chargeable to tax under the head “Income from house property” (or
which would, if it has not been used for assessee’s own residence, have been chargeable to tax under that
head) where such payments are made towards or by way of any instalment or part payment of the amount
due under any self-financing or other scheme of any Development Authority, Housing Board etc.
The deduction will also be allowable in respect of re-payment of loans borrowed by an assessee from the
Government, or any bank or Life Insurance Corporation, or National Housing Bank, or certain other
categories of institutions engaged in the business of providing long-term finance for construction or
purchase of houses in India. Any repayment of loan borrowed from the employer will also be covered, if
the employer happens to be a public company, or a public sector company, or a university established by
law, or a college affiliated to such university, or a local authority, or a cooperative society, or an authority,
or a board, or a corporation, or any other body established under a Central or State Act.
The stamp duty, registration fee and other expenses incurred for the purpose of transfer shall also be
covered. Payment towards the cost of house property, however, will not include, admission fee or cost of
share or initial deposit or the cost of any addition or alteration to, or, renovation or repair of the house
property which is carried out after the issue of the completion certificate by competent authority, or after
the occupation of the house by the assessee or after it has been let out. Payments towards any expenditure
in respect of which the deduction is allowable under the provisions of section 24 of the Income-tax Act
will also not be included in payments towards the cost of purchase or construction of a house property.
Where the house property in respect of which deduction has been allowed under these provisions is
transferred by the taxpayer at any time before the expiry of five years from the end of the financial year in
which possession of such property is obtained by him or he receives back, by way of refund or otherwise,
any sum specified in section 80C(2)(xviii), no deduction under these provisions shall be allowed in respect
of such sums paid in such previous year in which the transfer is made and the aggregate amount of
deductions of income so allowed in the earlier years shall be added to the total income of the assessee of
such previous year and shall be liable to tax accordingly.
(13) Tuition fees, whether at the time of admission or thereafter, paid to any university, college, school or
other educational institution situated in India, for the purpose of full-time education of any two children of
the employee.
Full-time education includes any educational course offered by any university, college, school or other
educational institution to a student who is enrolled full-time for the said course. It is also clarified that fulltime
education includes play-school activities, pre-nursery and nursery classes.
It is clarified that the amount allowable as tuition fees shall include any payment of fee to any university,
college, school or other educational institution in India except the amount representing payment in the
nature of development fees or donation or capitation fees or payment of similar nature.
(14) Subscription to equity shares or debentures forming part of any eligible issue of capital made by a
public company, which is approved by the Board or by any public finance institution.
(15) Subscription to any units of any mutual fund referred to in clause (23D) of section 10 and approved
by the Board, if the amount of subscription to such units is subscribed only in eligible issue of capital of
any company.
(16) Investment as a term deposit for a fixed period of not less than five years with a scheduled bank,
which is in accordance with a scheme framed and notified by the Central Government, in the Official
Gazette for these purposes.
[The Central Government has since notified the Bank Term Deposit Scheme, 2006 for this purpose vide
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Notification No. S.O. 1220(E), dated 28-7-2006]
(17) Subscription to such bonds issued by the National Bank for Agriculture and Rural Development, as
the Central Government may, by such notification in the Official Gazette, specify in this behalf.
(18) Any investment in an account under the Senior Citizens Savings Scheme Rules, 2004.
(19) Any investment as five year time deposit in an account under the Post Office Time Deposit Rules,
1981.
It may be clarified that the amount of premium or other payment made on an insurance policy [other than a
contract for deferred annuity mentioned in sub-para (2)] shall be eligible for deduction only to the extent
of 20 per cent of the actual capital sum assured. In calculating any such actual capital sum, the following
shall not be taken into account :
(i) the value of any premiums agreed to be returned, or
(ii) any benefit by way of bonus or otherwise over and above the sum actually assured which may be
received under the policy.
B. As per section 80CCC, where an assessee being an individual has in the previous year paid or deposited
any amount out of his income chargeable to tax to effect or keep in force a contract for any annuity plan of
Life Insurance Corporation of India or any other insurer for receiving pension from the Fund referred to in
clause (23AAB) of section 10, he shall, in accordance with, and subject to the provisions of this section, be
allowed a deduction in the computation of his total income, of the whole of the amount paid or deposited
(excluding interest or bonus accrued or credited to the assessee’s account, if any) as does not exceed the
amount of one lakh rupees in the previous year.
Where any amount paid or deposited by the assessee has been taken into account for the purposes of this
section, a rebate/deduction with reference to such amount shall not be allowed under section 88 up to
assessment year 2005-06 and under section 80C from assessment year 2006-07 onwards.
C. As per the provisions of section 80CCD, where an assessee, being an individual employed by the
Central Government on or after the 1st day of January, 2004, has in the previous year paid or deposited
any amount in his account under a pension scheme as notified vide Notification No. F.N. 5/7/2003-ECB &
PR, dated 22-12-2003, he shall be allowed a deduction in the computation of his total income, of the whole
of the amount so paid or deposited as does not exceed ten per cent of his salary in the previous year.
The benefit of new pension scheme has been extended to any other employees (also self-employed person)
with retrospective effect from 1-4-2009 and deduction is allowed to employees up to 10 per cent of salary
in the previous year and in other cases up to 10 per cent of his gross total income in the previous year.
Further it has been specified that with retrospective effect from 1-4-2009 any amount received by the
assessee from the new pension scheme shall be deemed not to have received in the previous year if such
amount is used for purchasing an annuity plan in the previous year.
Where any amount standing to the credit of the assessee in his account under such pension scheme, in
respect of which a deduction has been allowed as per the provisions discussed above, together with the
amount accrued thereon, if any, is received by the assessee or his nominee, in whole or in part, in any
financial year,—
(a) on account of closure or his opting out of such pension scheme; or
(b) as pension received from the annuity plan purchased or taken on such closure or opting out,
the whole of the amount referred to in clause (a) or clause (b) above shall be deemed to be the income of
the assessee or his nominee, as the case may be, in the financial year in which such amount is received,
and shall accordingly be charged to tax as income of that financial year.
For the purposes of deduction under section 80CCD, ‘salary’ includes dearness allowance, if the terms of
employment so provide, but excludes all other allowances and perquisites.
The aggregate amount of deduction under sections 80C, 80CCC and 80CCD shall not exceed Rs. 1,00,000
(section 80CCE)
D. Section 80D provides for deduction available for health premia paid etc. In computing the total income
of an assessee, being an individual or a Hindu undivided family, there shall be deducted such sum, as
specified below payment of which is made by any mode, other than cash, in the previous year out of his
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income chargeable to tax. Where the assessee is an individual, the sum referred to shall be the aggregate of
the following, namely :—
(a) the whole of the amount paid to effect or to keep in force an insurance on the health of the assessee
or his family as does not exceed in the aggregate fifteen thousand rupees; and
(b) the whole of the amount paid to effect or to keep in force an insurance on the health of the parent or
parents of the assessee as does not exceed in the aggregate fifteen thousand rupees.
Explanation.—For the purposes of clause (a), ‘family’ means the spouse and dependent children of the
assessee.
Where the assessee is a Hindu undivided family, the sum referred to shall be the whole of the amount paid
to effect or to keep in force an insurance on the health of any member of that Hindu undivided family as
does not exceed in the aggregate fifteen thousand rupees.
Where the sum specified above is paid to effect or keep in force an insurance on the health of any person
specified therein, and who is a senior citizen, the deduction available is ‘twenty thousand rupees’ rather
than fifteen thousand as specified above.
Explanation.—For the above “senior citizen” means an individual resident in India who is of the age of
sixty-five years or more at any time during the relevant previous year.
The insurance referred to above shall be in accordance with a scheme made in this behalf by—
(a) the General Insurance Corporation of India formed under section 9 of the General Insurance Business
(Nationalisation) Act, 1972 (57 of 1972) and approved by the Central Government in this behalf; or
(b) any other insurer and approved by the Insurance Regulatory and Development Authority established
under sub-section (1) of section 3 of the Insurance Regulatory and Development Authority Act, 1999
(41 of 1999).
E. Under section 80DD, where an assessee, who is a resident in India, has, during the previous year,—
(a) incurred any expenditure for the medical treatment (including nursing), training and rehabilitation of
a dependant, being a person with disability; or
(b) paid or deposited any amount under a scheme framed in this behalf by the Life Insurance
Corporation or any other insurer or the Administrator or the specified company subject to the
conditions specified in this regard and approved by the Board in this behalf for the maintenance of a
dependant, being a person with disability,
the assessee shall be allowed a deduction of a sum of fifty thousand rupees from his gross total income of
that year.
However, where such dependant is a person with severe disability, an amount of seventy-five thousand
rupees shall be allowed as deduction subject to the specified conditions.
The deduction under clause (b) of sub-section (1) shall be allowed only if the following conditions are
fulfilled:—
A. (i) the scheme referred to in clause (b) above provides for payment of annuity or lump sum amount for
the benefit of a dependant, being a person with disability, in the event of the death of the individual in
whose name subscription to the scheme has been made;
(ii) the assessee nominates either the dependant, being a person with disability, or any other person or a
trust to receive the payment on his behalf, for the benefit of the dependant, being a person with disability.
However, if the dependant, being a person with disability, predeceases the assessee, an amount equal to
the amount paid or deposited under sub-para (b) above shall be deemed to be the income of the assessee of
the previous year in which such amount is received by the assessee and shall accordingly be chargeable to
tax as the income of that previous year.
B. The assessee, claiming a deduction under this section, shall furnish a copy of the certificate issued by
the medical authority in the prescribed form and manner, along with the return of income under section
139, in respect of the assessment year for which the deduction is claimed :
In cases where the condition of disability requires reassessment of its extent after a period stipulated in the
aforesaid certificate, no deduction under this section shall be allowed for any subsequent period unless a
2/2/2010
new certificate is obtained from the medical authority in the prescribed form and manner and a copy
thereof is furnished along with the return of income.
For the purposes of section 80DD,—
(a) “Administrator” means the Administrator as referred to in clause (a) of section 2 of the Unit Trust of
India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002);
(b) “dependant” means—
(i) in the case of an individual, the spouse, children, parents, brothers and sisters of the individual
or any of them;
(ii) in the case of a Hindu undivided family, a member of the Hindu undivided family, dependant
wholly or mainly on such individual or Hindu undivided family for his support and maintenance,
and who has not claimed any deduction under section 80U in computing his total income for the
assessment year relating to the previous year;
(c) “disability” shall have the meaning assigned to it in clause (i) of section 2 of the Persons with
Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996)
and includes “autism”, “cerebral palsy” and “multiple disability” referred to in clauses (a), (c) and (h)
of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities Act, 1999 (44 of 1999);
(d) “Life Insurance Corporation” shall have the same meaning as in clause (iii) of sub-section (8) of
section 88;
(e) “medical authority” means the medical authority as referred to in clause (p) of section 2 of the
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
(1 of 1996) or such other medical authority as may, by notification, be specified by the Central
Government for certifying “autism”, “cerebral palsy”, “multiple disabilities”, “person with disability”
and “severe disability” referred to in clauses (a), (c), (h), (j) and (o) of section 2 of the National Trust
for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities
Act, 1999 (44 of 1999);
(f) “person with disability” means a person as referred to in clause (t) of section 2 of the Persons with
Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996)
or clause (j) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy,
Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999);
(g) “person with severe disability” means—
(i) a person with eighty per cent or more of one or more disabilities, as referred to in sub-section
(4) of section 56 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995 (1 of 1996); or
(ii) a person with severe disability referred to in clause (o) of section 2 of the National Trust for
Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities
Act, 1999 (44 of 1999);
(h) “specified company” means a company as referred to in clause (h) of section 2 of the Unit Trust of
India (Transfer of Undertaking and Repeal) Act, 2002 (58 of 2002).
F. Under section 80E of the Act a deduction will be allowed in respect of repayment of interest on loan
taken for higher education, subject to the following conditions:
(i) In computing the total income of an assessee, being an individual, there shall be deducted, in
accordance with and subject to the provisions of this section, any amount paid by him in the previous
year, out of his income chargeable to tax, by way of interest on loan, taken by him from any financial
institution or any approved charitable institution for the purpose of pursuing his higher education or
for the purpose of higher education of his spouse or children.
(ii) The deduction specified above shall be allowed in computing the total income in respect of the initial
assessment year and seven assessment years immediately succeeding the initial assessment year or
until the interest referred to above is paid in full by the assessee, whichever is earlier.
For this purpose —
2/2/2010
(a) “approved charitable institution” means an institution established for charitable purposes and
approved by the prescribed authority under clause (2C) of section 10, or, an institution referred to in
clause (a) of sub-section (2) of section 80G.
(b) “financial institution” means a banking company to which the Banking Regulation Act, 1949 (10 of
1949) applies (including any bank or banking institution referred to in section 51 of that Act); or any
other financial institution which the Central Government may, by notification in the Official Gazette,
specify in this behalf;
(c) “higher education” means any course of study pursued after passing the Senior Secondary
Examination or its equivalent from any school, board or university recognised by the Central
Government or State Government or local authority or by any other authority authorised by the
Central Government or State Government or local authority to do so;
(d) “initial assessment year” means the assessment year relevant to the previous year, in which the
assessee starts paying the interest on the loan.
(e) “relative”, in relation to an individual, means the spouse and children of that individual or the student
for whom the individual is the legal guardian
G. Section 80G provides for deductions on account of donation made to various funds, charitable
organizations etc. Generally no deduction should be allowed by the D.D.O. from the salary income in
respect of any donations made for charitable purposes. The tax relief on such donations as admissible
under section 80G of the Act, will have to be claimed by the taxpayer in the return of income. However in
cases where employees make donations to the Prime Minister’s National Relief Fund, the Chief Minister’s
Relief Fund or the Lieutenant Governor’s Relief Fund through their respective employers, it is not possible
for such funds to issue separate certificate to every such employee in respect of donations made to such
funds as contributions made to these funds are in the form of a consolidated cheque. An employee who
makes donations towards these funds is eligible to claim deduction under section 80G. It is, hereby,
clarified that the claim in respect of such donations as indicated above will be admissible under section
80G on the basis of the certificate issued by the Drawing and Disbursing Officer (DDO)/Employer in this
behalf - Circular No. 2/2005, dated 12-1-2005.
H. Under section 80GG of the Act an assessee is entitled to a deduction in respect of house rent paid by
him for his own residence. Such deduction is permissible subject to the following conditions :—
(a) the assessee has not been in receipt of any House Rent Allowance specifically granted to him which
qualifies for exemption under section 10(13A) of the Act;
(b) the assessee files the declaration in Form No. 10BA. (Annexure-VI)
(c) He will be entitled to a deduction in respect of house rent paid by him in excess of 10 per cent of his
total income, subject to a ceiling of 25 per cent thereof or Rs. 2,000 per month, whichever is less. The
total income for working out these percentages will be computed before making any deduction under
section 80GG.
(d) The assessee does not own :
(i) any residential accommodation himself or by his spouse or minor child or where such assessee
is a member of a Hindu Undivided Family, by such family, at the place where he ordinarily
resides or performs duties of his office or carries on his business or profession; or
(ii) at any other place, any residential accommodation being accommodation in the occupation of
the assessee, the value of which is to be determined under clause (a) of sub-section (2) or, as the
case may be, clause (a) of sub-section (4) of section 23:
The Drawing and Disbursing Authorities should satisfy themselves that all the conditions mentioned above
are satisfied before such deduction is allowed by them to the assessee. They should also satisfy themselves
in this regard by insisting on production of evidence of actual payment of rent.
I. Under section 80U, in computing the total income of an individual, being a resident, who, at any time
during the previous year, is certified by the medical authority to be a person with disability, there shall be
allowed a deduction of a sum of fifty thousand rupees.
However, where such individual is a person with severe disability, a higher deduction of one lakh rupees
2/2/2010
shall be allowable.
Every individual claiming a deduction under this section shall furnish a copy of the certificate issued by
the medical authority in the prescribed form and manner along with the return of income, in respect of the
assessment year for which the deduction is claimed.
In cases where the condition of disability requires reassessment of its extent after a period stipulated in the
aforesaid certificate, no deduction under this section shall be allowed for any subsequent period unless a
new certificate is obtained from the medical authority in the prescribed form and manner and a copy
thereof is furnished along with the return of income.
For the purposes of this section, the expressions “disability”, “medical authority”, “person with disability”
and “person with severe disability” shall have the same meaning as given in section 80DD (sub-para E of
para 5.4 of this Circular).
DDOs to satisfy themselves of the genuineness of claim:
(21) The Drawing and Disbursing Officers should satisfy themselves about the actual
deposits/subscriptions/payments made by the employees, by calling for such particulars/information as
they deem necessary before allowing the aforesaid deductions. In case the DDO is not satisfied about the
genuineness of the employee’s claim regarding any deposit/subscription/payment made by the employee,
he should not allow the same, and the employee would be free to claim the deduction/rebate on such
amount by filing his return of income and furnishing the necessary proof etc., therewith, to the satisfaction
of the Assessing Officer.
6. Calculation of income-tax to be deducted:
6.1 Salary income for the purpose of section 192 shall be computed as follow:—
(a) First compute the gross salary as mentioned in para 5.1 excluding all the incomes mentioned in para
5.2;
(b) Allow deductions mentioned in para 5.3 from the figure arrived at (a) above;
(c) Allow deductions mentioned in para 5.4 from the figure arrived at (b) above ensuring that aggregate
of the deductions mentioned in para 5.4 does not exceed the figure of (b) and if it exceeds, it should
be restricted to that amount.
This will be the amount of income from salaries on which income-tax would be required to be deducted.
This income should be rounded off to the nearest multiple of ten rupees.
6.2 Income-tax on such income shall be calculated at the rates given in para 2 of this Circular keeping in
view the age and gender of the employee.
6.3 The amount of tax payable so arrived at shall be increased by educational cess as applicable (2 per cent
for primary and 1 per cent for secondary education) to arrive at the total tax payable.
6.4 The amount of tax as arrived at para 6.3 should be deducted every month in equal instalments. Any
excess or deficit arising out of any previous deduction can be adjusted by increasing or decreasing the
amount of subsequent deductions during the same financial year.
Subject :- Clarification regarding deduction of tax at source from payments of second instalment of
arrears to Government employees on account of implementation of Sixth Central Pay Commission’s
recommendations matter regarding.
Under the provisions of section 192 of the Income-tax Act, an employer is required to deduct tax at source
from any payments in the nature of salary, which inter alia also includes any arrear payments. The
Implementation Cell of the Department of Expenditure, Government of India, vide its Office Order dated
30th August 2008 had stated that 40 per cent of the aggregate arrear (first instalment of arrears) would be
payable during Financial Year 2008-09. In Circular No. 9/2008, dated 29th September, 2008 issued from
this office it was stated that during 2008-09 the tax has to be deducted at source on this 40 per cent of
aggregate arrear during financial year 2008-09.The OM,F.No. 1/1/2008-IC, of the Implementation Cell of
the Department of Expenditure, Government of India, vide its order dated 25th August, 2009 has stated
that the remaining 60 per cent of the aggregate arrear (second instalment of arrears) would be paid to the
concerned Government servants during financial year 2009-10. Such arrangements could be followed by
State Governments also.
2/2/2010
In this regard, all the DDOs and PAOs as the case may be, in the Central/State Government and various
organizations under them are advised to compute the correct tax liability of every employee on second
instalment of arrears drawn by him and immediately recover the full tax liability along with education cess
thereon at the rates in force. The deduction of tax at source on such arrear payment should not be deferred
in any circumstance. They should further ensure that the tax so recovered is paid to the account of Central
Government account immediately as per the Income-tax Rules, 1962. The DDOs/PAOs are further advised
that they should ensure that the PAN details of the deductees (recipient of arrears) are correctly quoted in
the relevant quarterly e-TDS returns filed by them so that the Government Servants get proper credit of
their tax deducted in their respective income tax returns.
DDOs/PAOs who fail to comply with the provisions of section 192 of the Income-tax Act, 1961 would be
liable to pay interest under section 201(1)/(1A) of Income-tax Act along with other penal consequences.
7. Miscellaneous
7.1 These instructions are not exhaustive and are issued only with a view to helping the employers to
understand the various provisions relating to deduction of tax from salaries. Wherever there is any doubt,
reference may be made to the provisions of the Income-tax Act, 1961, the Income-tax Rules, 1962 and the
Finance Act, 2009.
7.2 In case any assistance is required, the Assessing Officer/the local Public Relation Officer of the
Income-tax Department may be contacted.
7.3 These instructions may be brought to the notice of all Disbursing Officers and Undertakings including
those under the control of the Central/State Governments.
7.4 Copies of this Circular are available with the Director of Income-tax (Research, Statistics &
Publications and Public Relations), 6th Floor, Mayur Bhavan, Indira Chowk, New Delhi-110 001 and at
the following websites:
www.finmin.nic.in
www.incometaxindia.gov.in
ANNEXURE I
EXAMPLE 1
For assessment year 2010-11
Calculation of income-tax in the case of a male employee having gross salary income of:
(i) Rs. 2,00,000,
(ii) Rs. 5,00,000, and
(iii) Rs. 10,00,000
Computation of total income and tax payable thereon
EXAMPLE 2
Particulars (Rupees) (Rupees) (Rupees)
(i) (ii) (iii)
Gross Salary Income 2,00,000 5,00,000 10,00,000
(Including allowances)
Contribution to G.P.F. 20,000 50,000 1,00,000
Gross Salary 2,00,000 5,00,000 10,00,000
Less: Deduction U/s 80C 20,000 50,000 1,00,000
Taxable income 1,80,000 4,50,000 9,00,000
Tax thereon 2,000 41,000 1,71,000
Add:
Education Cess @2% 40 820 3,420
Secondary and Higher
Education Cess @ 1% 20 410 1,710
Total tax payable 2,060 42,230 1,76,130
2/2/2010
For assessment year 2010-11
Calculation of income-tax in the case of a male employee having a handicapped dependent.
Particulars:
Computation of Tax
EXAMPLE 3
For assessment year 2010-11
Calculation of income-tax in the case of a male employee where medical treatment expenditure was borne
by the employer.
Particulars:
Computation of Tax
1. Gross Salary Rs.
3,20,000
2. Amount spent on treatment of a dependant, being person with disability( but not severe
disability)
Rs. 7,000
3. Amount paid to LIC with regard to annuity for the maintenance of a dependant, being
person with disability (but not severe disability)
Rs. 50,000
4. GPF Contribution Rs. 25,000
5. LIP Paid Rs. 10,000
Gross Salary Rs.
3,20,000
Less: Deduction U/s 80DD
(Restricted to Rs. 50,000 only) Rs.
50,000
Taxable Income Rs.
2,70,000
Less: Deduction u/s 80C:
GPF 25,000
LIP 10,000
Total 35,000 35,000
Total Income Rs.
2,35,000
Income-tax thereon/payable Rs.
7,500
Add:
Education Cess @2% 150
Secondary and Higher
Education Cess @1% 75
Total Income-tax payable Rs.
7,725
Rounded off to Rs.
7,730
1. Gross Salary Rs.
3,00,000
2. Medical Reimbursement by employer on the treatment of self and dependent family
member
Rs. 30,000
3. Contribution of GPF Rs. 20,000
4. LIC premium Rs. 20,000
5. Repayment of House Building Advance Rs. 25,000
6. Tuition fees for two children Rs. 60,000
7. Investment in Unit-Linked Insurance Plan Rs. 20,000
Gross Salary Rs.
3,00,000
2/2/2010
EXAMPLE 4
For assessment year 2010-11
Illustrative calculation of House Rent Allowance U/s 10 (13A) in respect of residential accommodation
situated in Delhi in case of a female employee :
Particulars :
Computation of total income and tax payable thereon
Add: Perquisite in respect of reimbursement of Medical Expenses in excess of Rs. 15,000
in view of Section 17(2)(v)
Rs.
15,000
Taxable Income Rs.
3,15,000
Less: Deduction u/s 80C:
GPF 20,000
LIC 20,000
Repayment of HBA 25,000
Tuition Fees 60,000
Investment in
Unit-Linked
Insurance Plan 20,000
Total 1,45,000
Restricted to Rs. 1,00,000 Rs.
1,00,000
Total Income: Rs.
2,15,000
Tax Payable Rs.
5,500
Add:
Education Cess @2% 110
Secondary and Higher
Education Cess @1%
55
Total Income-tax payable Rs.
5665
Rounded off to Rs.
5660
1. Salary Rs. 2,50,000
2. Dearness Allowance Rs. 1,00,000
3. House Rent Allowance Rs. 1,40,000
4. House rent paid Rs. 1,44,000
5. General Provident Fund Rs. 36,000
6. Life Insurance Premium Rs. 4,000
7. Subscription to Unit-Linked Insurance Plan Rs. 50,000
1. Salary + D.A. Rs.
3,50,000
House Rent Allowance Rs.
1,40,000
2. Total Salary income Rs.
4,90,000
3. Less: House Rent Allowance exempt U/s 10(13A): Least of:
a. Actual amount of HRA received=1,40,000
b. Expenditure of rent in excess of 10%
of salary (including D.A. presuming that D.A.
is taken for retirement benefit)
(1,44,000-35,000) = 1,09,000
c. 50% of Salary(Basic + DA)= Rs. 1,75,000 Rs.
2/2/2010
EXAMPLE 5
For assessment year 2010-11
Illustrating valuation of perquisite and calculation of tax in the case of a male employee of a private
company in Mumbai who was provided accommodation in a flat at concessional rate for ten months and in
a hotel for two months.
Computation of total income and tax paid thereon:
1,09,000
Gross Total Income: Rs.
3,81,000
Less: Deduction u/s 80C:
GPF : 36,000
LIC : 4,000
Subscription to
Unit Linked
Insurance Plan : 50,000
Total : 90,000 Rs.
90,000
Total Income: Rs.
2,91,000
Tax payable on total income Rs.
10,100
Add:
Education Cess @2% 202
Secondary and Higher Education Cess @1% 101
Total Income-tax payable Rs.
10,403
Rounded off to Rs.
10,400
1. Salary: Rs.
7,00,000
2. Bonus: Rs.
1,40,000
3. Free gas, electricity, water etc. Rs.
40,000
(Actual bills paid by company)
4 (b) Hotel rent paid by employer (for two months) Rs.
1,00,000
4 (c) Rent recovered from employee: Rs.
60,000
4 (d) Cost of furniture Rs.
2,00,000
5. Subscription to Unit-Linked
Insurance Plan Rs.
50,000
6. Life Insurance Premium Rs.
10,000
7. Contribution to recognized P.F. Rs.
42,000
1. Salary Rs.
7,00,000
2. Bonus Rs.
1,40,000
Total Salary for Valuation of Rs.
2/2/2010
Valuation of perquisites
EXAMPLE 6
For assessment year 2010-11
Illustrating Valuation of perquisite and calculation of tax in the case of a female employee of a Private
Company posted at Delhi and repaying House Building Loan.
Particulars:
8,40,000
Perquisite i.e.; Rs.70,000 per month
(a) Perq. for flat : Lower of (15% of salary for ten months=
Rs.1,05,000) and (actual rent paid=3,60,000) Rs.
1,05,000
(b) Perq. for hotel : Lower of (24% of salary of 2 mths=33,600) and (actual
payment=1,00,000)
Rs.
33,600
(c) Perq. for furniture @ 10% of cost Rs.
20,000
Rs.
1,58,600
Less: Rent recovered from employee Rs.
60,000
Rs.
98,600
(d) Add perq. for free gas, elec.,
water
Rs.
40,000
Total perquisites Rs.
1,38,600
Gross Total Income Rs.
9,78,600
(8,40,000+1,38,600)
Less: Deduction u/s 80C:
Provident Fund 42,000
LIC 10,000
Subscription to Unit 50,000
Linked Insurance Plan
Total Rs.
1,02,000
Rs.
1,00,000
Total Income Rs.
8,78,600
Tax Payable Rs.
1,64,580
Add:
Surcharge Nil
Education Cess @2% 3,291.6
Secondary and Higher
Education Cess @1% 1,645.8
Total Income-tax payable Rs.
1,69,517.4
Rounded off to Rs. 1,69,520
1. Salary : Rs. 3,00,000
2. Dearness Allowance : Rs. 1,00,000
3. House Rent Allowance : Rs. 1,80,000
4. Special Duties Allowance : Rs. 12,000
5. Provident Fund : Rs. 60,000
6. LIP : Rs. 10,000
2/2/2010
Computation of total income and tax payable thereon
ANNEXURE II
Form No. 12BA : Statement showing particulars of perquisites, other fringe benefits or amenities and
profits in lieu of salary with value thereof - See [2002] 124 Taxman 64 (St.)
ANNEXURE III
Form No. 16AA : Certificate for tax deducted at source from income chargeable under the head
“Salaries”-cum-Return of income - See [2004] 134 Taxman 128 (St.)
ANNEXURE IV
Notification No. SO 974(E), dated 26-8-2003 - See [2003] 131 Taxman 34 (St.)
ANNEXURE IVA
Notification F.No. 5/7/2003-ECB & PR, dated 22-12-2003
The Government approved on 23rd August, 2003 the proposal to implement the budget announcement of
2003-04 relating to introducing a new restructured defined contribution pension system for new entrants to
Central Government service, except to Armed Forces, in the first stage, replacing the existing system of
7. Deposit in NSC VIII Issue : Rs. 30,000
8. Rent Paid by the employee for house hired by her : Rs. 1,20,000
9. Repayment of House Building Loan (Principal) : Rs. 60,000
10. Tuition Fees for three children (Rs.10,000 per child) : Rs. 30,000
1. Gross salary : 5,92,000
(Basic+DA+HRA+SDA)
Less: House rent allowance exempt
U/s 10 (13A)
Least of:
a. Actual amount of HRA received 1,80,000
b. Expenditure on rent in excess
of 10% of salary (Including
D.A.) assuming D.A. is
including for retirement
benefits (1,20,000- 40,000) 80,000
c. 50% of salary (including D.A) 2,00,000 (-)
80,000
Gross Total Taxable Income 5,12,000
Less: Deduction u/s 80C:
i. Provident Fund : 60,000
ii. LIP : 10,000
iii. NSC VIII Issue : 30,000
iv. Repayment of
HBA
: 60,000
v. Tuition Fees
(Restricted to two
children)
: 20,000
Total : 1,80,000
Restricted to 1,00,000
Total Income 4,12,000
Tax Payable 33,400
Add:
Education Cess @2% 668
Secondary and Higher Education Cess @1% 334
Total Income-tax payable Rs.
34,068
Rounded off to Rs.
34,070
2/2/2010
defined benefit pension system.
(i) The system would be mandatory for all new recruits to the Central Government service from 1st of
January, 2004 (except the armed forces in the first stage). The monthly contribution would be 10 per
cent of the salary and DA to be paid by the employee and matched by the Central Government.
However, there will be no contribution from the Government in respect of individuals who are not
Government employees. The contribution and investment returns would be deposited in a nonwithdrawable
pension tier-I account. The existing provisions of defined benefit pension and GPF
would not be available to the new recruits in the Central Government service.
(ii) In addition to the above pension account, each individual may also have a voluntary tier-II
withdrawable account at his option. This option is given as GPF will be withdrawn for new recruits in
Central Government service. Government will make no contribution into this account. These assets
would be managed through exactly the above procedures. However, the employee would be free to
withdraw part or all of the ‘second tier’ of his money anytime. This withdrawable account does not
constitute pension investment, and would attract no special tax treatment.
(iii) Individuals can normally exit at or after age 60 years for tier-I of the pension system. At the exit the
individual would be mandatorily required to invest 40 per cent of pension wealth to purchase an
annuity (from an IRDA-regulated life insurance company). In case of Government employees the
annuity should provide for pension for the lifetime of the employee and his dependent parents and his
spouse at the time of retirement. The individual would receive a lump sum of the remaining pension
wealth, which he would be free to utilize in any manner. Individuals would have the flexibility to
leave the pension system prior to age 60. However, in this case, the mandatory annuitisation would be
80 per cent of the pension wealth.
Architecture of the new Pension System
(iv) It will have a central record keeping and accounting (CRA) infrastructure, several pension fund
managers (PFMs) to offer three categories of schemes viz. option A, B and C.
(v) The participating entities (PFMs and CRA) would give out easily understood information about past
performance, so that the individual would be able to make informed choices about which scheme to
choose.
2. The effective date for operationalization of the new pension system shall be from 1st of January, 2004.
ANNEXURE-VA
Notification No. S.O. 1048(E), dated 24-11-2000 - See [2000] 113 Taxman 52 (St.)
ANNEXURE-VB
Notification No. S.O. 81(E), dated 29-1-2001 - See [2001] 115 Taxman 183 (St.)
ANNEXURE-VI
Form No. 10BA : Declaration to be filed by the assessee claiming deduction under section 80GG -
Income-tax (Nineteenth Amendment) Rules, 1998 - See [1998] 100 Taxman 110 (St.)
2/2/2010

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