Nirav (Accountant) (595 Points)
24 November 2010Hello Friends,
If Mr. A has terminated his service on 31-3-2009. But he still stays in accommodation provided to him by his employer for next 6 months without the permission of his employer. So this rent free accomodation wud be taxable for these 6 months? If yes, under which head would it be taxable..??
sachin kakkar
(CA)
(188 Points)
Replied 24 November 2010
not taxable... bec employer- employee relation dosnt exist any more so HRA is no more an allowence to employee.... employer will b charged to tax undr hea house property
Govind Menon
(Articled Assistant)
(22 Points)
Replied 24 November 2010
First of all, Rent Free Accomodation cannot be considered as equal to HRA. It is a perquisite as per sec 17(2).. Also, since the person has occupied the house after cessation of his employment with the employer, it cannot be considered as a perquisite since there is no employer - employee relationship.. Hence it will not fall under the head 'Salaries'.. In my opinion, the amount will be taxable under the head 'Income From Other Sources'.... Pls correct me if I'm wrong...
CA. ROHIT GUPTA
(Service)
(133 Points)
Replied 25 November 2010
hi friends,
ya i agree too that employee employer relationship has ceased to exist, so in his case there is no income chargaeble to tax in the hand of the employee...
correct me if i am wrong.......
Manmohan ACA, CS
(Chartered Accountant )
(14243 Points)
Replied 25 November 2010
Govind Menon
(Articled Assistant)
(22 Points)
Replied 25 November 2010
@ Manmohan sir: Thanku... Totally 4got abt dat point..
Santhosh Poojary
(SIEMPRE AHÍ PARA TI)
(15607 Points)
Replied 25 November 2010
M .K. Jha
(CA Final)
(484 Points)
Replied 25 November 2010
Ya it is right to say :-
Manoj BG
(Tax Professional and in Service)
(1795 Points)
Replied 25 November 2010
AGREED WITH FRIENDS, TAXABLE UNDER THE HEAD SALARY. REASONS ARE SO HIGHLIGHTED THATS WHY NO NEED TO REPEAT IT AGAIN.
REGARDS,
MANOJ
CA Himanshu Bansal
(Risk Manager)
(2345 Points)
Replied 25 November 2010
| Originally posted by : SAN... | ||
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any benefit from past- present or future employer shall be taxable as salary |
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