taxability/exemption for certain perks/allowances

Tax queries 10964 views 9 replies

State the  taxability/exemption with relevant sections/rule which i will get from belowmentioned perks/allowances:-  (certification is applicable though the amounts are fixed)   all paid in cash i.e there is no non mnetary perks.

a) Conveyance/transport allowance: Rs 1000/- p.m

b) Lunch/meal allowances:- 2000/- p.m (all in cash)

c)books/journal (including professional books):- Rs. 1000 p.m

d)Education Professional course:- Rs. 2000 p.m

e)Communication/telephone allowances: Rs 1000 p.m

f) professional body allowances:- Rs 1000 p.m

g) gardner allowances (cash allowances): Rs 600 p.m

h)Transport assistance allowances:- Rs 1000 p.m

i)Reimbursement  of exp on vehicle repair:- Rs 1000 p.m

j) self development allowances;- Rs 2000/- p.m

k) Special personal allowances: Rs 2000/- p.m   

state how can maximum tax benefits could be claimed in above cases. If option to choose Rs 8000/- allowances is given..

Replies (9)

Please answer the above keeping in  mind the abolition of FBT and new perquisite rules.

Dear Ritesh,

a) Exempt upto Rs. 800/month

b) Fully Taxable

c) exempt to the extent of expenses if it is an allowance..

d) exempt to the extent of expenses if it is an allowance..

e) Fully taxable

f) Fully taxable

g) Fully taxable

h) Clubbed with (a)

i) Taxable if for private or official cum private use

j) Fully taxable

k) fully taxable

Dear ,Thanks for your reply .

 I have some queries based on ur reply

a) Exempt upto Rs. 800/month-- Why cant i take the exemption of whole amount by treating it as a totally official expenditure as stated in rules of sec 10(14)

The following allowances are exempt from tax:
Expenses incurred on conveyance in the performance of duties of office;
Cost of travel on tour or on transfer;
Daily ordinary charges incurred by the employee on account of absence from his normal place of duty during a tour;
Expenditure on a helper where such helper is engaged for the performance of the duties of office;
Allowances granted for encouraging the academic research and training pursuits in educational and research institutions; or
Expenditure incurred on the purchase or maintenance of uniform for wear during the performance of the duties of office
.

b) Fully Taxable--- can I treat it as a amount instead of coupon and take benefit.

c) exempt to the extent of expenses if it is an allowance.---can I take 100% exemption as stated above under "Allowances granted for encouraging the academic research and training pursuits in educational and research institutions"

d) exempt to the extent of expenses if it is an allowance..---can I take 100% exemption as stated above under "Allowances granted for encouraging the academic research and training pursuits in educational and research institutions"

e) Fully taxable--can I take 100% tax free perquistes under the new perquiste rules. by giving certificate as used for official purpose.

f) Fully taxable--can i take 100% tax free allowances by showing iit as "Allowances granted for encouraging the academic research and training pursuits in educational and research institutions;"
 

g) Fully taxable

h) Clubbed with (a)

i) Taxable if for private or official cum private use

j) Fully taxable

k) fully taxable

Dear Ritesh,

a) Exempt upto Rs. 800/month-- Why cant i take the exemption of whole amount by treating it as a totally official expenditure as stated in rules of sec 10(14)

"It is well settled principle that where Notional amount(Rs. 800 in this case) is prescribed by Law then the actual amount becomes irrelevant"

Yes what u have listed is exempt to the extent of actual expenditure because in tis case law has not prescribe any "Notional Limits"

b) It is not ur choice to treat it the way u like...It is a fact that either u r getting allowance or getting coupon...Yes in case of coupons Rs. 50/meal(per day )is exempt.

c) & d)  yes if u have expended the entire amount then u can take 100% exemption

e) yes if it is only for official purposes then it is 100% exempt..

f) I don't think it will qualify for any exemption...It will be taxable..

kindly clarify-

whether  commutation from residence to office and back  for attending  work  using own car , can be treated as an official work for conveyance perks valuation.  any CBDT clarification on this.

Hi,

 If you are in receipt of any allowance for transportation between home to office then it will be exempt upto Rs 800/-. If you are in receipt of any reimbursement of petrol or other then it will be taken as under official use if incurred in  official duty discharge. Home to office does not come under official duty discharge.

 

THANKS

Thanks for ur sharing.

In Continuation of the above, i have a few doubts,

1. IF an amount of Rs.2000 is shown as Telephone allowance, is that exempt from tax ? if the employee provides the Bills and as per  which IT rule.

2. IF an amount of Rs.2000 + is shown as Training & Development allowance, is that exempt from tax ? if the employee provides the bills and per  which IT rule.

kindly provide me list of exemptions & taxable allowances under salaries


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