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35                   Travelling, Touring, accommodation and other expenses                  

 

 

 

 

 

 

 

Earlier Rules:Not taxable where travel for official purposes.

Where such expenses are borne or reimbursed by employer for any holiday other than leave travel allowanceavailed by employee or member of his house, amount incurred by employer.

Where such facility is maintained by employer and is not available uniformly to all employees, value at which suchfacilties are offered by other agencies to the public.

Where employee is on official tour and expenses are incurred in respect of any member of his houseaccompanying him, amount of such expenses.

Where official tour is extended as a vacation, value shall be limited to expenses incurred in relation to such extended period of stay or vacation

36                    

Movable Asset :
Where any movable asset (other than motor cars
or laptops or computers) belonging to employer or hired by himfor the use of employees or any member of hishousehold.

Where any movable asset belonging to employer are transferred to employee directly or indirectlyor any member of his household.

In case of computers and electronic items.

In case of motor cars.

                     

Value shall be determined @ 10% p.a. of actual cost of such asset or amount of rent or charge paid or payable by employer.

 

 

Actual cost of asset to employer as reduced by normal wear and tear @ 10% of such cost for each completed year during which asset was put to use by employer.

 

 

Actual cost to employer as reduced by normal wear and tear @ 50% by reducing method.

Actual cost reduced by normal wear and tear @ 20% by the reducing method.

Earlier Rules:Tax may be computed on the written down value at which the asset istransferred as reduced by the amount recovered from the employee.

37 Free education facility to employee. Amount spent by employer for training/educating employee is exempt.   
38                Free or concessional educational facilties for any member of employee's household.               Educational facilties to children of employee in educational institution maintained and owned by emmployer or in any institution by reason of his being in employment of that employer.Not taxable if value of such benefit per child does not exceed Rs. 1000/- per month.           

Amount spent by employer for free or concessional educational facilties for any member of employee's household is taxable.

Education facilties to employee's family members in institution maintained by employer or in any other, educational institution by reason of his being inemployment of that employer . Cost of education in a similar institution in or near the locality shall be the amount ofperquisite.

Earlier Rules:
Reimbursement of expenditure incurred for education of family members of employee is fully taxable.

39                     Credit Card                     

 

 

Where expenses are incurred wholly and exclusively for official purposes, the amount is not taxable provided the following conditions are fulfilled:

  • complete details in respect of expenses including the dateand nature of expenses, are maintained;
  • a employer gives a certificate that expenditure is incurred wholly and exclusively for performance of official duties;

The amount of expenses including membership fees and annual fees incurred by the employee or member of his household charged to a credit card including add-on card,provided by employer or otherwise, paid for or reimbursed by employer shall be taken as value of perquisite.

 

 

 

 

 

 

 

 

 

 

Earlier Rules:
Taxable where used for private purposes.

40                                   Expenditure in Club                                   

 

 

 

If such expenditure is incurred wholly and exclusively for business purposes, the amount is not taxable and the followed conditions are fulfilled:

  • complete details in respect of expenses including the datenature of expenses and its business expendiency, are maintained;
  • the employer gives a certificate that the expenditure
    is incurred wholly and exclusively for performance of official duties.

Where use of health club, sports and similar facilties are provided uniformly to all employees by the employer, no amount is taxable.

Earlier Rules:
Club Membership provided to an employee by the employer purely for business purposes may not be considered as taxable in the hands of employees.

Actual amount of expenditure including annual or periodical fee or incurred by employee or by any member of his household.

Where corporate membership of club is obtained by employer, which is enjoyed by employee or any member ofhis house, value of perquisite shall not include initial fees paid for acquiring corporate membership.

41        Stock Options         The value of any benefit provided by a company free of cost or at a concessional rate to its employees by way of allotment of shares, debentures or warrants directly or indirectly under any Employees Stock Option Plan or scheme by the company offered to employees in accordance with the guidelines issued in this behalf by the Central Government, is not taxable  Any profit and gains arising from the transfer of shares/debentures/warrants alloted under ESOP shall be chargeable to income tax under the head 'capital gains' and shall be deemed to be income of previous year in which transfer took place.    
42   Any other benefit       Any other benefit, amenity, service, right or priviledge provided by the employer shall be determined on the basis of cost to the employer as reduced by employee's contribution, if any.
43 Tax on Perquisites Borne by Employer

Where Employer at its option pay tax on the whole or part value of
perquisite (not provided for by way of monetary payments), on behalf an
employee, without making any deduction from the income of the
employee, such amount of tax so paid by employer shall not be treated
as perquisite in the hands of the employee.

 

44 Tax on Remuneration paid to Technician (not
resident in any of four financial years preceding
the year when he arrived in India)
 

The tax if borne by employer on the remuneration of technician, shall now be taxable in the hands of such technician.

Earlier Provisions:
The tax so borne by employer was not included in the computation of
total income of technician and thus was exempt from tax.

45   Passage money or free or concessional passage
on home leave or proceeding to home country
after retirement to foreign employees, not being
citizens of India.
   

The amount of passage money etc. so provided to the employees
shall be taxable.

Earlier Provisions:
Exemption from tax was available in respect of passage moneys, etc.

Note1: The above tax treatment of perquisites is based on new perquisites rules notified by Government vide its Notification dated 25th September 2001. Earlier Rules are considered wherever it is different from the Present Rules.

 

 

   

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