सर्व शिक्षा,शिक्षक कल्याण एवं राष्ट्र निर्माण की अवधारणा से युक्त 'अखिल झारखण्ड प्राथमिक शिक्षक संघ' के इस ब्लॉग पर आपका स्वागत है|

Wednesday, 8 February, 2012

INCOME TAX RULES

1
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF DIRECT TAXES
DEDUCTION OF TAX AT SOURCE —
INCOME–TAX DEDUCTION FROM SALARIES
UNDER SECTION 192 OF THE
INCOME–TAX ACT, 1961
DURING THE FINANCIAL YEAR 2011-2012
CIRCULAR NO. 05/2011
NEW DELHI, dated 16.08.2011
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.2
INDEX
Para No.
Page Nos.
1. General 3
2. Finance Act, 2011 3
3. Section 192 of Income-tax Act 1961 5
4. Persons responsible for deducting tax and their duties 8
5. Estimation of income under the head “Salaries” 15
5.1 Income chargeable under the head “Salaries” 15
5.2 Incomes not included in the head “Salaries” (Exemptions) 20
5.3 Deductions u/s 16 of the Act (Standard Deduction) 25
5.4 Deductions under Chapter VI-A of the Act 25
6. Calculation of Income-tax to be deducted 34
7. Miscellaneous 35
Annexures
I. Examples 39
II. Form No. 12BA (as amended) 45
III. Revised procedure for furnishing qtly e-TDS/TCS
statement by deductors/collectors 47
IV. Person responcible for filling Form 24G in case
Of State Govt Departments/Central Govt Departments 49
V. Deptt. of Eco. Affairs Notification dated 22.12.2003 51
VI. Board's Notification dated 24.11.2000 52
VII. Board's Notification dated 29.1.2001 53
VIII. Form No. 10 B A 54
IX Board Notification dated 9.9.2010(Infrastructure Bond) 55
X. Board Notification dated 11.06.2010(Gratuity) 57
X. Board notification dated 31.05.2010 58
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.3
CIRCULAR NO : 05 /2011
F.No. 275/192/2011-IT(B)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
.....
New Delhi, dated the
SUBJECT: INCOME-TAX DEDUCTION FROM SALARIES DURING THE
FINANCIAL YEAR 2011-2012 UNDER SECTION 192 OF THE
INCOME-TAX ACT, 1961.
……………
Reference is invited to Circular No.08/2010 dated 13.12.2010 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(hereinafter ‘the Act’),
during the financial year 2010-2011, 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 2011-2012 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.
2. FINANCE ACT,2011
As per the Finance Act, 2011, income-tax is required to be deducted under
Section 192 of the Income-tax Act 1961 from income chargeable under the head
"Salaries" for the financial year 2011-2012 (i.e. Assessment Year 2012-2013) at
the following rates:
RATES OF INCOME-TAX
A. Normal Rates of tax:
1. Where the total income does not Nil
exceed Rs. 1,80,000/-.
2. Where the total income exceeds 10 per cent of the
Rs. 1,80,000 but does not exceed amount by which the
Rs. 5,00,000/-. total income exceeds
Rs. 1,80,000/-
3. Where the total income exceeds Rs. 32,000/- plus 20
Rs. 5,00,000/- but does not exceed per cent of the amount
Rs. 8,00,000/-. by which the total
income exceeds
Rs. 5,00,000/-.
4. Where the total income exceeds Rs. 92,000/- plus 30
Rs. 8,00,000/-. per cent of the amount
by which the total income
exceeds Rs. 8,00,000/-.
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.4
B. Rates of tax for a woman, resident in India and below sixty years of
age at any time during the financial year:
1. Where the total income does not Nil
exceed Rs. 1,90,000/-.
2. Where the total income exceeds 10 per cent, of the
Rs. 1,90,000 but does not exceed amount by which the
Rs. 5,00,000/-. total income exceeds
Rs. 1,90,000/-
3. Where the total income exceeds Rs. 31,000/- plus 20
Rs. 5,00,000/- but does not per cent of the
exceed Rs. 8,00,000/-. amount by which the
total income exceeds
Rs. 5,00,000/-.
4. Where the total income exceeds Rs. 91,000/- plus 30
Rs. 8,00,000/-. per cent of the
amount by which the
total income exceeds
Rs. 8,00,000/-.
C. Rates of tax for an individual, resident in India and of the age of sixty
years or more but less than eighty years at any time during the
financial year:
1. Where the total income does not Nil
exceed Rs. 2,50,000/-.
2. Where the total income exceeds 10 per cent, of the
Rs. 2,50,000 but does not exceed amount by which the
Rs. 5,00,000/-. total income exceeds
Rs. 2,50,000/-
3. Where the total income exceeds Rs. 25,000/- plus 20
Rs. 5,00,000/- but does not per cent of the
exceed Rs. 8,00,000/-. amount by which the
total income exceeds
Rs. 5,00,000/-.
4. Where the total income exceeds Rs. 85,000/- plus 30
Rs. 8,00,000/-. per cent of the amount
By which the total income
exceeds Rs. 8,00,000/-.
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.5
D. In case of every individual being a resident in India, who is of the age of
eighty years or more at any time during the financial year:
1. Where the total income does Nil
not exceed Rs. 5,00,000/-
2. Where the total income exceeds 20 per cent of the amount by
Rs. 5,00,000/- but does not which the total income exceeds
exceed Rs. 8,00,000/- Rs. 5,00,000/-
3. Where the total income exceeds Rs. 60,000/- plus 30 per cent of the
Rs. 8,00,000/- amount by which the total income
exceeds Rs. 8,00,000/-
Surcharge on Income tax:
There will be no surcharge on income tax payments by individual taxpayers
during FY 2011-12 (AY 2012-13).
Education Cess on Income tax:
The amount of income-tax shall be increased by Education Cess on Income Tax
at the rate of two percent of the income-tax.
Additional surcharge on Income Tax (Secondary and Higher Education Cess
on Income-tax):
From Financial Year 2007-08 onwards, an additional surcharge is chargeable
at the rate of one percent 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".
Method of Tax Calculation:
3.1 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 2011-2012. The
income-tax is required to be calculated on the basis of the rates given above
subject to provisions of sec 206AA of the Income-tax Act and shall be deducted
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. 1,80,000/- or
Rs.1,90,000/- or Rs. 2,50,000/- or Rs. 5,00,000/-, as the case may be,
depending upon the gender and age of the employee.(Some typical examples of
computation of tax are given at Annexure-I).
Payment of Tax on Non-monetary Perquisites by Employer:
3.2 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
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.6
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.
Computation of Average Income Tax:
3.3 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 “salaries” of a male
employee below sixty 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 non-monetary
perquisites and the employer opts to pay the tax on such perquisites as per the
provisions discussed in para 3.2 above.
STEPS:
Income Chargeable under the head “Salaries”
inclusive of all perquisites: Rs. 4,50,000
Tax on Total Salaries(including Cess): Rs. 27,810
Average Rate of Tax [(27,810/4,50,000) X 100]: 6.18%
Tax payable on Rs.50,000/= (6.18% of 50,000): Rs. 3,090
Amount required to be deposited each month: Rs. 260(257.5)
(3090/12)
The tax so paid by the employer shall be deemed to be TDS made
from the salary of the employee.
Salary From More Than One Employer:
3.4 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
tax payer 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 there from, 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).
Relief When Salary Paid in Arrear or Advance:
3.5 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
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.7
under Sub-section (1) of Section 89, he may furnish to the person
responsible for making the payment referred to in Para (3.1), 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(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.
With effect from 1/04/2010 (AY 2010-11), 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 (i) Sub-section (2B) of section 192 enables a taxpayer to furnish
particulars of income under any head other than "Salaries" ( not being a loss
under any such head other than the loss under the head “ income from house
property”) received by the assesse for the same financial year 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
by the IT (24th
amendment) Rules, 2003, w.e.f. 01.10.2003. However, the
particulars may now be furnished in a simple statement, which is properly
verified by the taxpayer in the manner as prescribed under Rule 26B(2 ) of the
Income Tax Rules,1962 and shall be annexed to the simple statement. The form
of verification is reproduced as under
FORM OF VERIFICATION
I, …………………. (name of the assesse), do declare that what is
stated above is true to the best of my information and belief.
(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 deducted at source, if any, on such income and the loss, if any,
under the head "Income from House Property" into account for the purpose
of computing tax deductible in terms of section 192(2B) 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. Following details shall be obtained and kept by the
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.8
employer in respect of loss claimed under the head “ income from house
property” separately for each house property:
(A) Computation of income under the head “ income from house
property” specifying
a) Gross annual rent/value
b) Municipal Taxes paid, if any
c) Deduction claimed for interest paid, if any
d) Other deductions claimed
(B) Address of the property
( C) Amount of loan, if any; and
(D) Name and address of the lender (loan provider)
(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 alongwith 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 Income Tax Act.
Conditions for Claim of Deduction of Interest on Borrowed Capital for
Computation of Income From House Property
3.7(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 residential house. To claim the higher deduction in respect of interest
upto 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.
3.7(ii)The essential conditions for availing higher deduction of interest of
Rs.1,50,000/- in respect of a self-occupied residential house are that the
amount of capital must have been borrowed on or after 01.4.1999 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 commenced before 01.4.1999 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
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.9
unit being entirely financed by capital borrowed on or after 01.4.1999.The loan
taken prior to 01.4.1999 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.
Adjustment for Excess or Shortfall of Deduction:
3.8 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.
TDS on Payment of Accumulated Balance Under Recognised Provident
Fund and contribution from Approved Superannuation Fund:
3.9 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 to the Act.
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.
Salary Paid in Foreign Currency:
3.11 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 u/s
192 of the Act.
Deduction of Tax at Lower Rate:
4.3. Section 197 enables the tax-payer to make an application in form
No.13 to the Assessing Officer(TDS), and, if the Assessing Officer(TDS) is
satisfied that the total income of the tax-payer 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.)
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.10
Deposit of Tax Deducted:
4.4. Rule 30 of Income Tax Rules, 1962, as amended by S.O. 1261(E),
Notification dated 31.05.2010, prescribes mode of payment of tax deducted to
the account of Central Government as detailed below:
4.4.1.
(a) The Tax deducted at source in accordance with the provisions of Chapter
XVII-B of the Income tax Act, 1961 by an office of the Government shall be
paid to the credit of the Central Government ‐
(i) on the same day where the tax is paid without production of an income
tax challan; and
(ii) on or before seven days from the end of the month in which the
deduction is made or income‐tax is due under sub‐section (1A) of
section 192, where tax is paid accompanied by an income‐tax challan.
(b). The Tax deducted at source in accordance with the provisions of
Chapter XVII-B of the Income tax Act, 1961 by deductors other than an office of
the Government shall be paid to the credit of the Central Government ‐
(i) on or before 30th day of April where the income or amount is credited or
paid in the month of March; and
(ii) in any other case, on or before seven days from the end of the month in
which the deduction is made; or income‐tax is due under sub‐section
(1A) of section 192.
(c ) Notwithstanding anything contained in (b) above, in special cases, the
Assessing Officer may, with the prior approval of the Joint Commissioner,
permit quarterly payment of the tax deducted under section 192 or section
194A or section 194D or section 194H for the quarters of the financial year
specified to in column (2) of the Table below by the date referred to in column
(3) of the said Table:‐
TABLE
Sl.
No.
Quarter of the financial year
ended on
Date for quarterly payment
(1) (2) (3)
1 30th
June 7th
July
2 30th
September 7th
October
3 31st
December 7th
January
4 31st
March 30th
April
Mode of Payment of TDS
4.4.2. In the case of an office of the Government, where tax has been paid to
the credit of the Central Government without the production of a challan, the
Pay and Accounts Officer or the Treasury Officer or the Cheque Drawing and
Disbursing Officer or any other person by whatever name called to whom the
deductor reports the tax so deducted and who is responsible for crediting such
sum to the credit of the Central Government, shall‐
(a) submit a statement in Form No. 24G within ten days from the end of the
month to the agency authorised by the Director General of Income‐tax
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.11
(Systems) in respect of tax deducted by the deductors and reported to him for
that month; and
(b) intimate the number (hereinafter referred to as the Book Identification
Number or BIN generated by the agency to each of the deductors in respect of
whom the sum deducted has been credited. BIN consist of receipt number of
Form 24G, DDO sequence number and date on which tax is deposited.
For the purpose of the above, the Director General of Income‐tax
(Systems) shall specify the procedures, formats and standards for ensuring
secure capture and transmission of data, and shall also be responsible for the
day‐to‐day administration in relation to furnishing the information in the
manner so specified.
4.4.3. (i) Where tax has been deposited accompanied by an income‐tax
challan, the amount of tax so deducted or collected shall be deposited to the
credit of the Central Government by remitting it within the time specified above
into any branch of the Reserve Bank of India or of the State Bank of India or of
any authorised bank;
(ii) In case of a company and a person (other than a company), to whom
provisions of section 44AB are applicable, the amount deducted shall be
electronically remitted into the Reserve Bank of India or the State Bank of India
or any authorised bank accompanied by an electronic income‐tax challan.
For the purpose of this rule, the amount shall be construed as
electronically remitted to the Reserve Bank of India or to the State Bank of
India or to any authorised bank, if the amount is remitted by way of:
(a) internet banking facility of the Reserve Bank of India or of the State
Bank of India or of any authorised bank; or
(b) debit card.
Interest, Penalty & Prosecution for Failure to Deposit Tax Deducted:
4.5 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 (i) at
one percent 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 such
tax is deducted and (ii) at one and one-half percent for every month or part of
a month on the amount of such tax from the date on which such tax was
deducted to the date on which such 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
whole or any part of tax at source or fails to pay the whole or part of tax
deducted, he shall be liable to pay, by way of penalty, a sum equal to the
amount of tax not deducted or paid 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 fine.
Furnishing of Certificate for Tax Deducted:
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.12
4.6.1 According to the provisions of section 203, every person responsible for
deducting tax at source is required to furnish a certificate in Form 16 to the
payee to the effect that tax has been deducted and to specify therein the
amount deducted and certain other particulars. The certificates in Forms 16
specified above shall be furnished to the employee by 31st day of May of the
financial year immediately following the financial year in which the income
was paid and tax deducted. Due care should be taken indicating correct CIN/
BIN in TDS certificate. Even the banks deducting tax at the time of payment
of pension are required to issue such certificates. The Form16 has been
revised and TDS certificated only determine tax payable on total income and
tax deducted is to be reported in annexure ‘A’ and ‘B’ of the Form 16 (revised
Form 16 annexed to Notification dated 31.05.2010 is enclosed). The
certificate in Form 16 shall specify
(a) valid permanent account number (PAN) of the deductee;
(b) valid tax deduction and collection account number (TAN) of the
deductor;
(c) (i) book identification number or numbers where deposit of tax
deducted is without production of challan in case of an office of the
Government;
(ii) challan identification number or numbers in case of payment
through bank.
(d) receipt numbers of all the relevant quarterly statements in case the
statement referred to in clause (i) is for tax deducted at source from
income chargeable under the head “Salaries”. The receipt number of
the quarterly statement is of 8 digit.
It may be noted that under the new TDS procedure, the accuracy
and availability of TAN, PAN and receipt number of TDS statement filed by
the deductor will be unique identifier for granting online credit for TDS.
Hence due care should be taken in filling these particulars.
It is, however, clarified that there is no obligation to issue the TDS
certificate in case tax at source is not deductible/deducted by virtue of
claims of exemptions and deductions.
4.6.2. If an assessee is employed by more than one employer during the year,
each of the employers shall issue Part A of the certificate in Form No. 16
pertaining to the period for which such assessee was employed with each of the
employers and Part B may be issued by each of the employers or the last
employer at the option of the assessee.
4.6.3. The employer may issue a duplicate certificate in Form No. 16 if the
deductee has lost the original certificate so issued and makes a request for
issuance of a duplicate certificate and such duplicate certificate is certified as
duplicate by the deductor.
4.6.4. (i) Where a certificate is to be furnished in Form No. 16, the deductor
may, at his option, use digital signatures to authenticate such
certificates.
(ii) In case of certificates issued under clause (i), the deductor shall
ensure that
(a) the conditions prescribed in para 4.6.1 above are complied with;
(b) once the certificate is digitally signed, the contents of the
certificates are not amenable to change; and
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.13
(c) the certificates have a control number and a log of such
certificates is maintained by the deductor.
The digital signature are being used to authenticate most of the etransactions on the internet as transmission of information using digital
signature is failsafe. It saves time specially in organisations having large
number of employees where issuance of certificate of deduction of tax with
manual signature is time consuming (circular no 2 of 2007 dated 21.05.2007)
Explanation. For the purpose of this rule, challan identification number (CIN)
means the number comprising the Basic Statistical Returns (BSR) Code of the
Bank branch where the tax has been deposited, the date on which the tax has
been deposited and challan serial number given by the bank.
4.6.5. 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 and Form 16 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 paid or payable is above Rs.1,80,000/-. In other cases, the information
would have to be provided by the employer in Form 16 itself.
4.6.6. 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 of this
circular, 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.
4.6.7. 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 there
under. Any false information, fabricated documentation or suppression of
requisite information will entail consequences thereof provided under the law.
The certificates in Forms 16 specified above shall be furnished to the employee
by 31st day of May of the financial year immediately following the financial year
in which the income was paid and tax deducted. 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.
Mandatory Quoting of PAN and TAN:
4.7.1 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 Tax-deduction 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) 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 income tax has been deducted in the statement furnished u/s
192(2C), certificates furnished u/s 203 and all returns prepared and
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.14
delivered as per the provisions of section 200(3) of the Income Tax Act, 1961.
4.7.2 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. Tax deductors and tax
collectors are, therefore, advised to quote correct PAN details of all deductees in
the TDS returns for salaries in Form 24Q. Taxpayers liable to TDS are also
advised to furnish their correct PAN with their deductors, It may be noted that
non-furnishing of PAN by the deductee (employee) to the deductor (employer)
will result in deduction of TDS at higher rates u/s 206AA of the Income-tax
Act,1961 mentioned in para 4.9 below.
4.8 Section 206AA.
4.8.1 Finance Act (No. 2) 2009, w.e.f. 01/04/2010 has inserted sec. 206AA in
the Income-tax Act which makes furnishing of PAN by the employee compulsory
in case of payments liable to TDS. If employee (deductee) fails to furnish
his/her PAN to the deductor , the deductor shall make TDS at a higher of the
following rates
i. at the rate specified in the relevant provision of this Act; or
ii. at the rate or rates in force; or
iii. at the rate of twenty per cent.
4.8.2 The deductor has to determine the tax amount in all the three
conditions and apply the higher rate of TDS . This section applies to any person
entitled to receive any sum or income or amount, on which tax is deductible
under Chapter XVII-B of Income Tax Act. As chapter XVII-B covers all
Payments including Salaries, Salaries are also covered by Section 206AA. In
case of salaries there can be following situations
a) Where the income of the employee computed for TDS u/s 192 is below
taxable limit.
b) Where the income of the employee computed for TDS u/s 192 is above
taxable limit.
In first situation, as the tax is not liable to be deducted no tax will be
deducted. In the second case, if PAN is not furnished by the employee, the
deductor will calculate the average rate of income-tax based on rates in
force as provided in sec 192. If the tax so calculated is below 20%, deduction
of tax will be made at the rate of 20% and in case the average rate exceeds 20%,
tax is to deducted at the average rate. Education cess@ 2% and Secondary
and Higher Education Cess@ 1% is not to be deducted, in case the TDS is
deducted at 20% u/s 206AA of the Income-tax Act.
Quarterly Statement of TDS:
4.9. Statement of deduction of tax under subsection (3) of section 200.
4.9.1. The person deducting the tax (employer in case of salary income), is
required to file Quarterly Statements of TDS in Form 24Q 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), ARA centre,
Jhandewalan Extn, New Delhi 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
May following the last quarter of the
financial year. The requirement of filing an annual return of TDS has been done
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.15
away with w.e.f. 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.
4.9.2. The statements referred above may be furnished in paper form or
electronically in accordance with the procedures, formats and standards
specified by the Director General of Income‐tax (Systems) along with the
verification of the statement in Form 27A.
4.9.3. It is now mandatory for all Govt. deductors or companies or other
deductors who are required to get their accounts audited under section
44AB of the Income Tax Act or where the number of deductee’s records
in a statement for any quarter of the financial year are twenty or more 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 read
with Notification No. SO 1261(E) dated 31.05.2010. 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.
4.9.4. At the time of preparing statements of tax deducted, the deductor is
required to quote
(i) his tax deduction and collection account number (TAN) in the statement;
(ii) quote his permanent account number (PAN) in the statement except in
the case where the deductor is an office of the Government( including state
Govt). In case of Government deductors “PANNOTREQD” to be quoted in
the eTDS statement.
(iii) quote the permanent account number of all deductees;
(iv) furnish particulars of the tax paid to the Central Government including
book identification number or challan identification number, as the case
may be.
4.10. 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
there under, and shall be admissible in any proceeding there under,
without further proof of production of the original, as evidence of any
contents of the original.
TDS on Income from Pension:
4.11. 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 pensioner furnishes 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/C.D.R./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
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.16
of pensions. Further all branches of the banks are bound u/s 203 to issue
certificate of tax deducted in Form 16 to the pensioners also vide CBDT
circular no. 761 dated 13.1.98.
4.12 New Pension Scheme
The New Pension Scheme(NPS) has become operational since 1st
Jan, 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. The income received by the
NPS trust is exempt. The NPS trust is exempted from the Dividend Distribution
Tax and is also exempted 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 1/4/09 (AY 2009-10) onwards
4.13. 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.
4.14 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. COMPUTATION 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,
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.17
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 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% 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.N. 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:
I. The value of rent free accommodation provided to the
employee by his employer;
II. The value of any concession in the matter of rent in
respect of any accommodation provided to the
employee by his employer;
III. 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 Explanation 1 to 4 below 17(2)(ii) of the Income Tax Act, 1961.
IV. Any sum paid by the employer in respect of any obligation which
would have been paid by the assessee.
V. Any sum payable by the employer, whether directly or through a
fund, other than a recognized provident fund or an approved
superannuation fund or other specified funds u/s 17, to effect
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.18
an assurance on the life of an assessee or to effect a contract for
an annuity.
VI. With effect from 1/04/2010 (AY 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 constitute a
perquisite 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;
VII. 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
VIII. 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.
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 Govt. & State Govt. 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:
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.19
1. Where the accommodation provided to the employee is owned by
the employer, the rate is 15% of 'salary' in cities having
population exceeding 25 lakh as per the 2001 census. The rate is
10% 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 7.5 % of the salary.
2. Where the accommodation so provided is taken on lease/ rent by
the employer, the prescribed rate is 15% 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% 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.
Explanation: For the purpose of this rule, where the accommodation is
provided by the Central Government or any State Government to an employee
who is serving on deputation with any body or undertaking under the control of
such Government,-
(i). the employer of such an employee shall be deemed to be that
body or undertaking where the employee is serving on
deputation; and
(ii). the value of perquisite of such an accommodation shall be the
amount calculated in accordance with Sl. No.(2)(a) of Table I, as
if the accommodation is owned by the employer.
"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, for not being treated as perquisite, 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% 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
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.20
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 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
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.21
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% 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% 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.
u/s. 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 u/s 10(13A), 10(5),
10(14), 17 etc. 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 under 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
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.22
(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. Presently the limit is Rs ten lakh w.e.f. 24.05.2010 in view of
notification number 43/2010 S.O. 1414(E) issued under F.N. 200/33/2009-
ITA-1.
(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 cash-equivalent 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
31.05.2002 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
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.23
Government, having regard to the need for 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 installments) 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 incometax 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 percent 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 the assessee in
respect of the relevant period; or
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.24
(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% of the salary due to the employee for the
relevant period; or
(d) Where such accommodation is situated in any other places,
40% of the salary due to the employee for the relevant period,
whichever is the least.
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
upto Rs.3000/- 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.
Further if annual rent paid by the employee exceeds Rs 1,80,000 per annum, it
is mandatory for the employee to report PAN of the landlord to the employer. In
case the landlord does not have a PAN, a declaration to this effect from the
landlord along with the name and address of the landlord should be filed by
the employee.
(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.
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.25
The CBDT has prescribed guidelines for the purpose of clauses (i) and (ii) of
Section 10(14) vide notification No.SO617(E) dated 7th July, 1995
(F.No.142/9/95-TPL)which has been amended vide notification SO No.403(E)
dt 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 13.5.98.
(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 7.6.89, as amended by
notification No.F.2/14/89-NS-II dated 12.10.89, 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 subsection (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 Notifications No.S.O.1948(E) dated 24.11.2000 and
81(E) dated 29.1.2001, which are enclosed as per Annexure 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 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 I.T. Rules 1962, in any hospital approved by the Chief
Commissioner having regard to the prescribed guidelines as
provided in Rule 3(A)(1)of I.T. Rule, 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);
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.26
(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.
5.3 Deductions from income from Salaries u/s 16 of the Act
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;
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.27
(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, in so far as the sum deducted
does not exceed 1/5th of the salary;
(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 S.O. No. 1559(E) dated 3.11.05.
(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 Certificate (VIII
th
Issue) vide Notification S.O. No. 1560(E) dated 3.11.05.]
(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 S.O. No. 1561(E)
dated 3.11.05.]
(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 S.O. No. 1562(E) dated 3.11.05 and Jeevan Akshay-III vide Notification
S.O. No. 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
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.28
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 S.O. No. 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 S.O. No. 1564(E) dated 3.11.05.]
(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 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 S.O. No.37(E), dated 11.01.2007, 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 selffinancing 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
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.29
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 tax-payer 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 Notification S.O. No. 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.
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.30
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 subpara (2)] shall be eligible for deduction only to the extent of 20 percent 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) w.r.e.f 1/04/09 and deduction is allowed to
employees upto 10% of salary in the previous year and in other cases upto 10%
of his gross total income in the previous year. Further it has been specified that
w.r.e.f 1/04/09 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.
It may be noted that the contribution made by the Central Government or
any other employer, towards a pension scheme notified for section 80 CCD,
shall be allowed as deduction in the computation of total income of the
employee to the extent that it does not exceed ten percent of employee’s
salary. W.e.f. 01.04.2011 (FY 2011-12), the amount of deduction so
allowed shall be outside the overall limit of Rs one lakh under section
80CCE of the Income Tax Act, 1961. It is therefore, clarified that
contribution made by an employee alone will be eligible to deduction limit
of upto Rs.one lakh. The contribution made by the Central Government or
any other employee to a pension scheme u/s 80CCD(2) shall be excluded
from the limit of one lakh rupees provided under Section 80CCE.
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
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.31
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 sub
section (1) of Section 80CCD shall not exceed Rs.1,00,000/- (Section
80CCE)
D. A new section 80CCF has been inserted by the Finance Act, 2010, wef 01.04.2011.
The section 80CCF provides for deduction available to an individual or a HUF,
the whole of the amount, to the extent such amount does not exceed Rs 20,000,
paid or deposited during financial year 2010-11, as subscription to long-term
infrastructure bonds as notified by the Central Govt for the purpose of this
section.(Board Notification no 48/2010 dated 09.09.2010)
Deduction under this section can not exceed Rs 20,000 and are available
only for current financial year 2011-12. The deduction under this section
will be in addition to overall limit of deduction of upto Rs one lakh under
section 80C, 80CCC and sub section (1) of Section 80 CCD.
E. 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
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 or any contribution made to the
CGHS 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.
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.32
Explanation.—For the above “senior citizen” means an individual resident in
India who is of the age of sixty 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).]
F. 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
one hundred 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 new certificate is obtained
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.33
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).]
G. 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
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.34
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 -
(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
H. 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 tax payer 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.
I. 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
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.35
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.
J. 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 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:
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;
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.36
(b) Allow deductions mentioned in para 5.3 from the figure arrived at (a)
above and compute the amount.
(c) Allow deductions mentioned in para 5.4 from the figure arrived at (b)
above ensuring that the relevant conditions are satisfied. The aggregate of
the deductions subject to the threshold limits mentioned in para 5.4 shall not
exceed the amount at (b) above 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, subject to
the provisions of sec. 206AA, as discussed in para 4.9.
6.3 The amount of tax payable so arrived at shall be increased by educational
cess as applicable (2% for primary and 1% 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 installments. 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.
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.37
DDOs/ PAOs who fail to comply with the provisions of Sec 192 of the Income-tax Act, 1961,
would be liable to pay interest u/s 201 (1A) of the Income-tax Act along with penal
consequences.
7. MISCELLANEOUS:
7.1 These instructions are not exhaustive and are issued only with a view to help
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, the Finance
Act 2011 and the relevant circulars / notifications.
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,
Connaught Place, New Delhi-110 001 and at the following websites:
www.finmin.nic.in
www.incometaxindia.gov.in
Hindi version will follow.
(AJAY KUMAR)
Director(Budget)
Central Board of Direct Taxes
Copy to
1. All State Governments/Union Territories.
2. All Ministries/Departments of Government of India etc.
3. President's Secretariat
4. Vice-President's Secretariat
5. Prime Minister's Office
6. Lok Sabha Secretariat
7. Rajya Sabha Secretariat
8. Cabinet Secretariat
9. Secretary, U.P.S.C., Dholpur House, New Delhi
10.Secretary, Staff Selection Commission, Lodhi Complex, New Delhi
11.Supreme Court of India, New Delhi
12.Election Commission, New Delhi
13.Planning Commission, New Delhi
14.Secretariat of Governors/Lt.Governors of all States/Union Territories
15.All Integrated Financial Advisors to Ministries/Departments of Government of
India
16.All Heads of Departments & Offices subordinate to the Department of Revenue
CBDT, CBEC etc.
17.Army Headquarters, New Delhi
18.Air Headquarters, New Delhi
19.Naval Headquarters, New Delhi
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.38
20.Director-General of Posts & Telegraphs, New Delhi(10 copies)
21.Comptroller & Auditor General of India (50 copies)
22.Accountant General - I, Andhra Pradesh, Hyderabad
23.Accountant General-II, Andhra Pradesh, Hyderabad
24.Accountant General, Assam, Shillong
25.Accountant General-I, Bihar, Ranchi
26.Accountant General-II, Bihar, Patna
27.Accountant General-I, Gujarat, Ahmedabad
28.Accountant General-II, Gujarat, Rajkot
29.Accountant General, Kerala, Trivandrum
30.Accountant General, Madhya Pradesh, Gwalior
31.Accountant General, Tamil Nadu, Chennai
32.Accountant General-I, Maharashtra, Mumbai
33.Accountant General-II, Maharashtra, Nagpur
34.Accountant General, Karnataka, Bangalore
35.Accountant General, Orissa, Bhubneshwar
36.Accountant General, Punjab, Chandigarh
37.Accountant General, Himachal Pradesh, Simla
38.Accountant General, Rajasthan, Jaipur
39.Accountant General-I, II & III, Uttar Pradesh, Allahabad
40.Accountant General, West Bengal, Calcutta
41.Accountant General, Haryana, Chandigarh
42.Accountant General, Jammu & Kashmir, Srinagar
43.Accountant General, Manipur, Imphal
44.Accountant General, Tripura, Agartala
45.Accountant General, Nagaland, Kohima
46.Director of Audit(Central)Kolkatta
47.Director of Audit(Central Revenue), New Delhi
48.Director of Audit (Central), Mumbai
49.Director of Audit, Scientific & Commercial Department, Mumbai
50.All Banks (Public Sector, Nationalised including State Bank of India)
51.Secretary, Reserve Bank of India Central Office P.B.No.406, Mumbai-400001(25
copies for distribution to its Branches).
52.Accounts Officer, Inspector General of Assam Rifles, (Hqrs), Shillong
53.All Chambers of Commerce & Industry
54.Lok Sabha /Rajya Sabha Secretariat Libraries(15 copies each)
55.All Officers and Sections in Techinical Wing of CBDT
56.Asstt. Chief Inspector, RBI Inspection Deptt. Regional Cell Mumbai/Kolkata/
Chennai/New Delhi/and Kanpur.
57. Controller of Accounts, Deptt. Of Economic Affairs, New Delhi
58. Manager , Reserve Bank of India, Public Debt Office, Ahmedabad,Banglore/
Bhubneswar/ Mumbai/Kolkata/Hyderabad/Kanpur/Jaipur/Chennai/Nasgpur/
New Delhi/Patna/Guwahati/Trivandrum.
59. Accountant General, Post & Telegraph, Simla.
60. Controller General of Defence Accounts, New Delhi.
61. Directorate of Audit, Defence Services, New Delhi.
62. World Health Organisation, New Delhi.
63. International Labour Office, India Branch, New Delhi.
64. Secretary, Indian Red ross Society, New Delhi
65. Atomic Energy Deptt. Mumbai.
66. Secretary, Development Board, Ministry of Commerce&Industry.
67. Natyional Saving Organisation, Nagpur.
68. Deputy Accountant Geeneral, Post & Telegraph, Kolkata.
69. The Legal Adviuser, Export-Import Bank of India, P.B.No.19969, umbai.4000021.
70. The Deputy Finance4 Manager(Hqdr.) Indian Airlines, New Delhi.
71. Manager, State Bank of India, Local Head Office :-
i) JeevanDeep Buiulding, 1 Middleton Street, Kolkata.
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.39
ii) Circle Top House, Rajai Salai, Chennai-600001.
(iii) Lucknowm Uttar Pradesh.
iv) Bank Street, Hyderabad-500001
v) Hamida Road, Bhopal-462001
vi)Shop Nos.101 to 105, Sector 17-B, Chandigarh
vii)New Amn.Building, Madam Cama Road, Mumbai-400021
viii) 9, Parliament Street, New Delhi-110001
ix) Bhedru, Ahmedabad-380001
x) Judges Court Road, Post Box No.103, Patna-800001
xi) 59, Forest Park, Bhubneshwar and Gauhati, Assam
xii) Gauhati, Assam
72.Chief Controller of Accounts, CBDT, Lok Nayak Bhawan, Khan Market, New Delhi
73.State Bank of Patiala, (Head Office), The Mall, Patiala
74.State Bank of Bikaner and Jaipur, Head Office, Tilak Marg, 'C' Scheme Jaipur
75.State Bank of Hyderabad, Head Office, Gun Factory, Hyderabad
76.State Bank of Indore, 5 Yashwant Nivas Road, Indore.
77.State Bank of Mysore (Head Office), K.G.Road, Bangalore
78.State Bank of Saurashtra, Behind Satyanarayan Road, Bhavnagar, Gujarat
79.State Bank of Travancore, Post Box No.34, Trivandrum
80.N.S.Branch, Department of Economic Affairs, New Delhi
81.The Editory, 'The Income-tax Reporter' Company Law Institute of India (P) Ltd., 88,
Thyagaraja Road, Thyagaraja Nagar, Chennai-600017
82.The Editor, Chartered Secretary, The Institute of Company Secretaries of India,
'ICSI House, 22, Institutional Area, Lodhi Road, New Delhi-110003
83.The Editor, "Taxation" 174, Jorbagh, New Delhi
84.The Editor, "The Tax Law Review" Post Box No.152, Jallandhar-144001
85.The Editor, "Taxmann" Allied Services (P)Ltd., 1871, Kucha Chelan, Khari Baoli,
Delhi-110006
86.The Min. of Law (Deptt. of Legal Affairs), Shastri Bhawan New Delhi.
87.Food Corporation of India, 16-17, Barakhamba Lane, New Delhi-110001
88.IFCI, Bank of Baroda Building, 16, Parliament Street, New Delhi
89.IDBI, IDBI Tower, Cuff Parad, Mumbai-400 005
90.ICICI, 163, Backbay Reclamation, Mumbai-20
91.NABARD, Poonam Chambers,Dr.Annie Besant Road, P.B.No.552,Worli, Mumbai
92.National Housing Bank, 3rd Floor, Bombay Life Building, 45, Veer Nariman Road,
Mumbai
93.IRBI, 19, Netaji Subhash Road, Kolkatta
94.All Foreign Banks operating in India
95.Air India, New Delhi
96.University Grants Commission, Bahadur Shah Jafar Marg, New Delhi
97.The Deputy Director(Admn.), NSSO (FOD), Mahalonobis Bhavan, 6th Floor, 164,
G.L.Tagore Road, Kolkata-700108
(AJAY KUMAR)
Director(Budget)
Central Board of Direct Taxes
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.40
ANNEXURE-I
Example 1
For Assessment Year 2012-2013
(A) Calculation of Income tax in the case of a male employee below the age of sixty
years and having gross salary income of:
i) Rs.1,50,000/-,
ii) Rs.2,00,000/- ,
iii) Rs.5,00,000/- ,
iv) Rs.10,00,000/- and
v) Rs.20,00,000/-.
(B) What will be the amount of TDS in case of above employees, if PAN is not submitted by
them to their DDOs/Offices:
Particulars Rupees
(i)
Rupees
(ii)
Rupees
(iii)
Rupees
(iv)
Rupees
(v)
Gross Salary Income
(including allowances)
1,50,000 2,00,000 5,00,000 10,00,000 20,00,000
Contribution of G.P.F. 10,000 45,000 50,000 1,00,000 1,00,000
Computation of Total Income and tax payable thereon
Particulars Rupees
(i)
Rupees
(ii)
Rupees
(iii)
Rupees
(iv)
Rupees
(v)
Gross Salary 1,50,000 2,00,000 5,00,000 10,00,000 20,00,000
Less: Deduction U/s 80C 10,000 45,000 50,000 1,00,000 1,00,000
Taxable Income 1,40,000 1,55,000 4,50,000 9,00,000 19,00,000
(A) Tax thereon Nil Nil 27,000 1,22,000 4,22,000
Add:
(i) Education Cess @ 2%.
(ii) Secondary and Higher
Education Cess @1%
Nil
Nil
Nil
Nil
540
270
2440
1220
8440
4220
Total tax payable Nil Nil 27,810 1,25,660 4,34,660
(B) TDS under sec. 206AA
in case where PAN is
not furnished by the
employee
Nil Nil 90,000 1,80,000 4,36,720
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.41
Example 2
For Assessment Year 2012-2013
Calculation of Income Tax in the case of a male employee below the age of sixty years
having a handicapped dependent ( With valid PAN furnished to employer).
S.No. Particulars Rupees
1 Gross Salary 3,20,000
2 Amount spent on treatment of a dependant, being person with
disability (but not severe disability)
7000
3 Amount paid to LIC with regard to annuity for the maintenance
of a dependant, being person with disability( but not severe
disability)
50,000
4 GPF Contribution 25,000
5 LIP Paid 10,000
Computation of Tax
S.No. Particulars Rupees
1 Gross Salary 3,20,000
Less: Deduction U/s 80DD (Restricted to Rs.50,000/- only) (-) 50,000
2 Taxable income 2,70,000
Less: Deduction U/s 80C (i) GPF Rs.25,000/-
(ii) LIP Rs.10,000/- = Rs.35,000/-
(-)35,000
3 Total Income 2,35,000
4 Income Tax thereon/payable 5,500
Add:
(i). Education Cess @2%
(ii). Secondary and Higher Education Cess @1%
110
55
5 Total Income Tax payable 5,665
6 Rounded off to 5,670
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.42
Example 3
For Assessment Year 2012-2013
Calculation of Income Tax in the case of a male employee below age of sixty years where
medical treatment expenditure was borne by the employer ( With valid PAN furnished to
employer).
S.No. Particulars Rupees
1 Gross Salary 3,00,000
2 Medical Reimbursement by employer on the treatment of self and
dependent family member
30,000
3 Contribution of GPF 20,000
4 LIC Premium 20,000
5 Repayment of House Building Advance 25,000
6 Tuition fees for two children 60,000
7 Investment in Unit-Linked Insurance Plan 20,000
Computation of Tax
S.No. Particulars Rupees
1 Gross Salary 3,00,000
Add: Perquisite in respect of reimbursement of Medical Expenses
In excess of Rs.15,000/- in view of Section 17(2)(v)
(+) 15,000
2 Taxable income 3,15,000
Less: Deduction U/s 80C
(i) GPF Rs.20,000/-
(ii) LIC Rs.20,000/-
(iii) Repayment of House Building Advance Rs.25,000/-
(iv) Tuition fees for two children Rs.60,000/-
(v) Investment in Unit-Linked Insurance Plan Rs.20,000/-
Total =Rs.1,45,000/-
Restricted to Rs. 1,00,000/- (-)1,00,000
3 Total Income 2,15,000
4 Income Tax thereon/payable 3,500
Add:
(i). Education Cess @2%
(ii). Secondary and Higher Education Cess @1%
70
35
5 Total Income Tax payable 3,605
6 Rounded off to 3,610
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.43
Example 4
For Assessment Year 2012-2013
Illustrative calculation of House Rent Allowance U/s 10 (13A)in respect of residential
accommodation situated in Delhi in case of a female employee below the age of sixty
years (With valid PAN furnished to employer).
S.No. Particulars Rupees
1 Salary 2,50,000
2 Dearness Allowance 1,00,000
3 House Rent Allowance 1,40,000
4 House rent paid 1,44,000
5 General Provident Fund 36,000
6 Life Insurance Premium 4,000
7 Subscription to Unit-Linked Insurance Plan 50,000
Computation of total income and tax payable thereon
S.No. Particulars Rupees
1 Salary + Dearness Allowance + House Rent Allowance
2,50,000+1,00,000+1,40,000 = 4,90,000
4,90,000
2 Total Salary Income 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) = 1,75,000 (-)1,09,000
Gross Total Income 3,81,000
Less: Deduction U/s 80C
(i) GPF Rs.36,000/-
(ii) LIC Rs. 4,000/-
(iii) Investment in Unit-Linked Insurance Plan Rs.50,000/-
Total =Rs.90,000/- (-)90,000
3 Total Income 2,91,000
Tax payable on total income 11,100
Add:
(i). Education Cess @2%
(ii). Secondary and Higher Education Cess @1%
222
111
Total Income Tax payable 11,433
Rounded off to 11,430
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.44
Example 5
For Assessment Year 2012-2013
Illustrating valuation of perquisite and calculation of tax in the case of a male employee
below age of sixty years 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 ( With valid PAN furnished to employer).
S.No. Particulars Rupees
1 Salary 7,00,000
2 Bonus 1,40,000
3 Free gas, electricity, water etc. (Actual bills paid by company) 40,000
4(a) Flat at concessional rate (for ten month). = Rs.3,60,00 3,60, 000
4(b Hotel rent paid by employer (for two month) 1,00,000
4(c) Rent recovered from employee. 60,000
4(d) Cost of furniture. 2,00,000
5 Subscription to Unit Linked Insurance Plan 50,000
6 Life Insurance Premium 10,000
7 Contribution to recognized P.F. 42,000
8 Investment in long term infrastructure bonds (80CCF) 20,000
COMPUTATION OF TOTAL INCOME AND TAX PAID THEREON:
S.No. Particulars Rupees
1 Salary 7,00,000
2 Bonus 1,40,000
3 Total Salary for Valuation of (1+2):
Perquisites i.e. Rs.70,000 per month.
8,40,000
Valuation of perquisites
4(a) Perq. for flat:Lower of (15% of salary for ten onths=Rs.1,05,000/-)
and (actual rent paid=3,60,000) 1,05,000
4(b) Perquisites for hotel : Lower of (24% of salary of 2 mths=33,600)
and (actual payment=1,00,000) 33,600
4(c) Perquisites for furniture(Rs.2,00,000) @ 10% of cost 20,000
4(c)(i) Total of [4(a)+(b)+(c)] (1,05,000+ 33,600+ 20,000) Rs.158,600
Less: rent recovered (-)Rs. 60,000
= Rs. 98,600
4(d) Add perq. for free gas, electricity, water etc. Rs.40,000 (+) 98,600
[4(c)(i)] = Rs 1,38,600
Total perquisites 1,38,600
5 Gross Total Income (Rs.8,40,000+ 1,38,600) 9,78,600
6 Gross Total Income 9,78,600
7 Less: Deduction U/s 80C & 80CCF:
(i). Provident Fund (80C) :42,000
(ii). LIC (80C) :10,000
(iii). Subscription to Unit Linked Insurance Plan(80C) :50,000/-
(iv). Investment in Infrastructure Bond(80CCF) :20,000
Total = 1,22,000
Restricted to Rs 1,00,000 u/s 80C and Rs 20,000 u/s 80CCF (-)1,20,000
8 Total Income 8,58,600
9 Tax Payable 1,,09,580
10 Add:
(i). Surcharge Nil
(ii). Education Cess @2%
(ii). Secondary and Higher Education Cess @1%
Nil
2,192
1,096
11 Total Income Tax payable 1,12,868
12 Rounded off to 1,12,870
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.45
Example 6
For Assessment Year 2012-2013
Illustrating Valuation of perquisite and calculation of tax in the case of a
female employee below the age of 60 years of a Private Company posted at Delhi
and repaying House Building Loan ( With valid PAN furnished to employer).
S.No. Particulars Rupees
1 Salary 3,00,000
2 Dearness Allowance 1,00,000
3 House Rent Allowance 1,80,000
4 Special Duties Allowance 12,000
5 Provident Fund 60,000
6 LIP 10,000
7 Deposit in NSC VIII issue 30,000
8 Rent Paid by the employee for house hired by her 1,20,000
9 Repayment of House Building Loan (Principal) 60,000
10 Tuition Fees for three children (Rs.10,000 per child) 30,000
Computation of total income and tax payable thereon
S.No. Particulars Rupees
1 Gross Salary (Basic+DA+HRA+SDA) 5,92,000
Less: House rent allowance exempt U/s 10 (13A)
Least of:
(a). Actual amount of HRA received. :Rs.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) :Rs. 80,000
(c). 50% of salary (including D.A) : Rs. 2,00,000
(-) 80,000
2 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 (-)1,00,000
Total Income 4,12,000
Income Tax thereon/payable 22,200
Add:
(i). Education Cess @2%
(ii). Secondary and Higher Education Cess @1%
444
222
Total Income Tax payable 22866
Rounded off to 22870
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.46
ANNEXURE-II
FORM NO.12BA
{See rule 26A(2)(b)}
Statement showing particulars of perquisites, other fringe benefits or amenities and profits in lieu of salary
with value thereof
1) Name and address of employer :
2) TAN
3) TDS Assessment Range of the employer :
4) Name, designation and PAN of employee :
5) Is the employee a director or a person with :
substantial interest in the company
(where the employer is a company)
6) Income under the head "Salaries" of the employee :
(other than from perquisites)
7) Financial Year :
8) Valuation of Perquisites
S.No Nature of perquisite
(see rule 3)
Value of perquisite
as per rules
(Rs.)
Amount, if any
recovered from the
employee
(Rs.)
Amount of
perquisite
chargeable to tax
Col(3) - Col(4)
(Rs.)
(1) (2) (3) (4) (5)
1 Accommodation
2 Cars/Other automotive
3 Sweeper, gardener, watchman or
personal attendant
4 Gas, electricity, water
5 Interest free or concessional loans
6 Holiday expenses
7 Free or concessional travel
8 Free meals
9 Free Education
10 Gifts, vouchers etc.
11 Credit card expenses
12 Club expenses
13 Use of movable assets by
employees
14 Transfer of assets to employees
15 Value of any other
benefit/amenity/service/privilege
16 Stock options (non-qualified
options)
17 Other benefits or amenities
18 Total value of perquisites
19 Total value of Profits in lieu of
salary as per 17(3)
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.47
9. Details of tax, -
(a) Tax deducted from salary of the employee u/s 192(1) ………
(b) Tax paid by employer on behalf of the employee u/s 192(1A) ………
(c) Total tax paid ………
(d) Date of payment into Government treasury ………
DECLARATION BY EMPLOYER
I ………………. s/o …………………. working as ……………………………(designation) do hereby declare on
behalf of ……………..….. (name of the employer) that the information given above is based on the books of
account, documents and other relevant records or information available with us and the details of value of each
such perquisite are in accordance with section 17 and rules framed thereunder and that such information is true and
correct.
Signature of the person responsible
for deduction of tax
Place…
Date… Full Name ……………………
Designation …………………. ";
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.48
ANNNEXURE-III
F . N o . S W / T D S / T I N / 1 / 2 0 1 0 - D I T ( S ) - I I
D i r e c t o r a t e o f I n c o m e - t a x ( S y s t e m )
N e w D e l h i
R E V I S E D P R O C E D U R E
F u r n i s h i n g o f Q u a r t e r l y e - T D S / T C S S t a t e m e n t s b y d e d u c t o r s / c o l l e c t o r s
1.1 QUARTERLY ELECTRONIC STATEMENTS FURNISHED THROUGH TIN-FC: After
preparing and validating the quarterly e-TDS/TCS, the deductor/collector shall
furnish the same at any TIN-FC managed by NSDL. Deductor/collector shall
ensure that:
1.1.1 Each quarterly e-TDS/TCS statement (Form 24Q, 26Q, 27Q and 27EQ) is in a
separate computer media.
1.1.2 Computer media to be used for furnishing e-TDS/TCS statements will be as
defined by e-TDS Intermediary with approval of e-filing Administrator.
1.1.3 Each quarterly e-TDS/TCS statement is accompanied by a duly filled and signed
(by an authorized signatory) Form 27A in physical form.
1.1.4 Each quarterly e-TDS/TCS statement is in one computer media, it should not
span across multiple computer media.
1.1.5 Quarterly e-TDS/TCS statement should be compressed, if required, only by
using licensed version of Winzip 8.1 or ZipItFast 3.0 (or higher version)
compression utility to ensure quick and smooth acceptance of the file.
1.1.6 There is no overwriting/striking on Form 27A. If there is any, then the same
should be ratified by an authorized signatory.
1.1.7 No bank challan or copy of TDS/TCS certificate or physical copies of certificates
or no/low deduction of TDS is required to be furnished along with the
statements.
1.1.8 TAN of deductor is mandatory to be mentioned in the statement. Statement shall
not be accepted if TAN is not quoted.
1.1.9 TAN details (name, address, etc.,) of the deductor as provided in the quarterly eTDS/TCS statement should be same as in the TAN database maintained by ITD
(these details can be verified with the TIN-FC or the ITD web-site
www.incometaxindia.gov.in). If they are different the deductor shall submit a
TAN change request application to update the ITD TAN database or a copy of the
acknowledgment of TAN change request already submitted.
1.1.10 Each branch or Drawing and Disbursement Officer (DDO) of a
deductor/collector furnishing separate quarterly e-TDS/TCS statement should
furnish the quarterly e-TDS/TCS statement quoting separate TAN issued to each
branch/DDO respectively.
1.1.11 Quarterly e-TDS/TCS statement pertains to the period for which they are
allowed to furnish.
1.1.12 The quarterly e-TDS/TCS statement has been successfully validated through the
latest version of the FVU.
1.1.13 Control totals, TAN and name mentioned in the quarterly e-TDS/TCS statement
match with those mentioned on Form 27A.
1.1.14 Computer media is virus free.
A c c e p t a n c e o f Q u a r t e r l y e - T D S / T C S S t a t e m e n t s b y e - T D S I n t e r m e d i a r y
( N S D L a n d T I N - F C b r a n c h e s )
2.1 ACCEPTANCE OF QUARTERLY E-TDS/TCS STATEMENT BY TIN-FC: After
deductor/collector furnishes the quarterly e-TDS/TCS statement to TIN-FC in the
manner prescribed, TIN-FC will carry out format level validations and other
checks to validate the quarterly e-TDS/TCS statement.
2.1.1 Acceptance
2.1.1.1 In case quarterly e-TDS/TCS statement is valid TIN-FC will issue a Provisional
Receipt to the deductor/collector. The Provisional Receipt issued by TIN-FC to
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.49
deductor/collector is deemed to be the proof of quarterly e-TDS/TCS statements
furnished by the deductor/collector.
2.1.1.2 Deductor/collector will pay upload fee along with service tax (as
applicable – 10.20% at present) by demand draft or cash to the TIN-FC for every
accepted quarterly e-TDS/TCS statement.
Maximum charges payable per quarterly e-TDS/e-TCS statement accepted:
No. of Deductee Records in eTDS/TCS Statement
Upload Charges Upload Charges
inclusive of service tax
Upto 100 deductee records ` 27.50/- ` 30/-
101 to 1000 deductee records ` 165/- ` 182/-
More than 1000 deductee records ` 550/- ` 606/-
2.1.1.3 TIN-FC will return the computer media containing the e-TDS/TCS statement
to the deductor/collector
2.1.1.4 TIN-FC will retain physical Form 27A along with other documents, if any,
furnished by the deductor/collector. The retained physical Form 27A along
with documents, if any, shall be stored by the TIN-FC for a period of one year
from date of receipt of the statement.
2.1.2 NON-ACCEPTANCE : TIN-FC will not accept the quarterly e-TDS/TCS
statement furnished by deductor/collector if:
2.1.2.1 each quarterly e-TDS/TCS statement (Form 24Q, 26Q, 27Q or 27EQ) is not
furnished in a separate computer media along with duly filled and signed
Form 27A in physical form;
2.1.2.2 separate Form 27A is not furnished for each quarterly e-TDS/TCS statement;
2.1.2.3 striking and overwriting, if any, on Form 27A are not duly ratified by the
person who has signed Form 27A;
2.1.2.4more than one quarterly e-TDS/TCS statement is furnished in one computer
media;
2.1.2.5more than one computer media is used for furnishing one quarterly eTDS/TCS statement;
2.1.2.6 quarterly e-TDS/TCS statement is compressed using a compression utility
other than winzip 8.1 or ZipItFast 3.0 (or higher version) compression utility;
2.1.2.7 quarterly e-TDS/TCS statement is not in conformity with the file formats
prescribed by ITD;
2.1.2.8 TAN stated in quarterly e-TDS/TCS statement is not present in TAN Master
database and deductor/collector does not submit any proof of TAN stated in
the statement;
2.1.2.9 deductor/collector does not have a TAN;
2.1.2.10 name/address of deductor/collector displayed on TAN Master database
does not match with name/address stated on Form 27A and
deductor/collector does not provide TAN change request;
2.1.2.11 mismatch of control totals as per with Form 27A and as per e-file;
2.1.2.12 the quarterly statement has not been successfully passed through the
latest version of FVU;
2.1.2.13 Quarterly e-TDS/TCS statements do not pertain to the period for which
deductors/collectors are allowed to submit their statements.
2.1.2.14 Computer media is not virus free.
In such cases, TIN-FC shall issue a pre-printed Non - Acceptance Memo citing
reasons for non acceptance to the deductor/collector to carry out necessary
corrections.
In case of non-acceptance, TIN-FC shall return the computer media as well as any
other documents furnished and physical Form 27A to the deductor/collector.
No fee will be charged for the e-TDS/e-TCS statement that is not accepted.
***************
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.50
ANNEXURE IV
“Person Responsible for filing Form No. 24G in case of State Govt.
Departments”
AG (State)
F
E
A
D
C B
PAO/DTO
Sub Treasury Office
CDDO CDDO
DDO
Type of Reporting of Book
Entry
Person Responsible (AIN holder)
for filing 24G.
A PAO / DTO
B PAO / DTO
C PAO / DTO
D PAO / DTO
E CDDO
F STO
AG Accountant General
PAO Pay & Accounts Officer
DTO District Treasury Office
STO Sub Treasury Office
DDO Drawing & Disbursing Officer
CDDO Cheque Drawing & Disbursing Officer
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.51
“Person Responsible for filing Form No. 24G in case of Central Govt.
Departments”
CGA
ZAO / PAO
DDO / CDDO
ZAO / PAO of Central Government Ministries is responsible for filing of
Form No. 24G on monthly basis
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.52
ANNEXURE-V
MINISTRY OF FINANCE
(Department of Economic Affairs)
(ECB & PR Division)
NOTIFICATION
New Delhi, the 22
nd
December, 2003
F.No. 5/7/2003-ECB &PR- The government approved on 23
rd
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 defined benefit pension system.
(i) The system would be mandatory for all new recruits to the Central Government service from
1
st
of January 2004 (except the armed forces in the first stage). The monthly contribution would be
10 percent of the salary and DA to be paid by the employee and matched by the Central
government. However, there will be no contribution form the Government in respect of individuals
who are not Government employees. The contribution and investment returns would be deposited
in a non-withdrawable 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 percent 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 retirment. The individual would received a lumpsum 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% 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 form 1
st
of January, 2004.
U.K. SINNHA, Jt. Secy.
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.53
ANNEXURE-VI
MINISTRY OF FINANCE
(Department of Revenue)
(Central Board of Direct Taxes)
Notification
New Delhi, the 24
th
November, 2000
INCOME- TAX
S.O.1048 (E) - In exercise of the powers conferred by sub-clause (i) of clause (18) of Section
10 of the Income-tax Act, 1961 (43 of 1961), the Central Government, hereby specifies the gallantry awards for
the purposes of the said Section, mentioned in column 2 of the table below awarded in the circumstances as
mentioned in corresponding column 3 thereof:-
Table
----------------------------------------------------------------------------------------
Sl. No. Name of gallantry award Circumstances for eligibility
------------------------------------------------------------------------------------------
(1) (2) (3)
-----------------------------------------------------------------------------------------
1. Ashok Chakra When awarded to Civilians for gallantry
2. Kirti Chakra - do -
3. Shaurya Chakra - do -
4. Sarvottan Jeevan Raksha When awarded to Civilians for bravery
Padak displayed by them in life saving acts.
5. Uttam Jeevan Raksha - do -
Medal
6. Jeevan Raksha Padak - do -
7. President's Police Medal When awarded for acts of exceptional
for gallantry courage displayed by members of police
forces, Central police or security forces and
certified to this effect by the head of the
department concerned.
8. Police Medal for - do -
Gallantry
9. Sena Medal When awarded for acts of courage or
conspicious gallantry and supported
by certificate issued to this effect by
relevant service headquarters.
10. Nao Sena Medal - do -
11. Vayu Sena Medal - do –
12. Fire Secrvices
Medal for Gallantry When awarded for acts of courage
or conspicuous gallantry and supported
by certificate issued to this effect by the
last Head of Department.
13. President’s Police & Fire -do-
Services Medal for Gallantry
14.President’s Fire Services Medal for
Gallantry -do-
15. President’s Home Guards and
Civil Defence Medal for
Gallantry -do-
16. Home Guard and Civil Defence
Medal for Gallantry -do-
( Notification no. 1156/F.No. 142/29/99-TPL)
T.K. SHAH
Director
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.54
ANNEXURE VII
MINISTRY OF FINANCE
Department of Revenue
Central Board of Direct Taxes
New Delhi,the 29
th
January,2001
S.O.81(E)- In exercise of the powers conferred by sub-clause (i ) of clause (18) of Section 10
of the Income –tax Act, 1961 (43 of 1961)), the Central Government, hereby specifies the gallanty awards
for the purposes of the said Section and for that purpose makes the following amendment in the
notification of the Government of India in the Ministry of Finance, Department of Revenue (Central Board
of Direct Taxes) number S.O.1048(E), dated the 24
th
November 2000, namely:-
In the said notification, in the Table, against serial numbers 1,2 and 3 under cloumn (3)
relating to “Circumstances for eligibility” the words “to civilians” shall be omitted.
(Notification No.22/F.No.142/29/99-TPL)
T.K. SHAH
Director
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.55
ANNEXURE-VIII
FORM NO. 10BA
(See rule 11B)
DECLARATION TO BE FILED BY THE ASSESSEE
CLAIMING DEDUCTION U/S 80 GG
I/We………………………………………………………………
( Name of the assessee with permanent account number)
do hereby certify that during the previous Year………….I/We had occupied the
premise………………………….(full address of the premise) for the purpose of my/our own residence
for a period of…………………..months and have paid Rs. ………………. In cash/through crossed
cheque, bank draft towards payment of rent to Shri/Ms/M/s……………………….(name and complete
address of the landlord).
It is further certified that no other residential accommodation is owned by
(a) me/my spouse/my minor child/our family (in case the assessee is HUF), at ………………….where
I/we ordinarily reside/perform duties of officer or employment or carry on business or profession, or
(a) me/us at any other place, being accommodation in my occupation, the value of which is to be
determined u/s 23(2)(a)(i) of u/s 23(2)(b).
**********
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.56
http://www.itaxindia.org/2011/08/tds-rates-11-12-tds-rate-chart-cut-off.html
http://www.itaxindia.org/2011/09/income-tax-help-toolbar.html of 56.

No comments:

Post a Comment