Limit on allowance in respect of benefit, amenity or perquisite under clause (c) (iii)/clause (a)(v) - Reimbursement of certain expenses/payments whether form part of perquisite to be restricted to one-fifth of salary
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Perquisite deduction limit restricts employer deductions for employee benefits, treating contractual bonuses as salary and gratuitous payments as perquisites. Employer expenditures that provide benefits, amenities or perquisites to employees are deductible only to a limited extent, with the amount measured against salary as defined in rule 2(h) of Part A of the Fourth Schedule (including dearness allowance only where agreed). Reimbursements and in kind benefits (medical, utilities, domestic staff, rent free accommodation, motorcar, club bills, etc.) are treated as perquisites within that limit. Bonus or commission constitute salary when contractual, statutory, or otherwise binding; gratuitous or discretionary payments are perquisites.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Perquisite deduction limit restricts employer deductions for employee benefits, treating contractual bonuses as salary and gratuitous payments as perquisites.
Employer expenditures that provide benefits, amenities or perquisites to employees are deductible only to a limited extent, with the amount measured against salary as defined in rule 2(h) of Part A of the Fourth Schedule (including dearness allowance only where agreed). Reimbursements and in kind benefits (medical, utilities, domestic staff, rent free accommodation, motorcar, club bills, etc.) are treated as perquisites within that limit. Bonus or commission constitute salary when contractual, statutory, or otherwise binding; gratuitous or discretionary payments are perquisites.
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