Income from salaries

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

31 October 2013 suppose mr A is given a house from his employer . he is evicted from his job on 31.3.2012 but he continues to use that house for next 6 months WITH PERMISSION OF EMPLOYER will it be taxable under salaries or IOS?
what will be the answer if A is paying some rent which is less than fair rental value?

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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31 October 2013 It will not be income from salary as there is no employee-employer relationship.

Querist : Anonymous

Querist : Anonymous (Querist)

31 October 2013 if we apply the logic of employer employee relationship then even in case of pension employer employee relationship has ceased to exist?

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CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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31 October 2013 bt pension was already deducted while employee is on work and he is just getting it when in he is retired.

CA Pallav Singhania

CA Pallav Singhania (Expert)
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31 October 2013 Agree with Expert,
It can not be treated as perks as he's not getting salary now..

Nikhil Kaushik

Nikhil Kaushik (Expert)
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31 October 2013 Where does the question of Income from other source arise? He is not receiving rent!!!

He is paying rent, it is an expense. If he is not in receipt of salary, he shall be claiming deduction under 80GG.

CA Pallav Singhania

CA Pallav Singhania (Expert)
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31 October 2013 Nikhil Ji,

I'm saying employer will receive such rent and such income will be taxed under IOS..