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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Limit on deductible employer perquisites restricts employer deductions for employee benefits; contractual bonuses treated as salary, gratuitous payments as perquisites. Expenditure by an employer that provides benefits, amenities or perquisites to employees is deductible only up to one fifth of the salary payable to the employee; 'salary' for this purpose follows rule 2(h) of Part A of the Fourth Schedule and includes dearness allowance only if employment terms so provide, excluding other allowances and perquisites. Reimbursements and in kind provisions such as medical expenses, utilities, domestic servants, club bills, rent free accommodation and motorcar use qualify as perquisites subject to the one fifth ceiling. Bonus and commission are classified by reference to their contractual or gratuitous character.
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.
Limit on deductible employer perquisites restricts employer deductions for employee benefits; contractual bonuses treated as salary, gratuitous payments as perquisites.
Expenditure by an employer that provides benefits, amenities or perquisites to employees is deductible only up to one fifth of the salary payable to the employee; "salary" for this purpose follows rule 2(h) of Part A of the Fourth Schedule and includes dearness allowance only if employment terms so provide, excluding other allowances and perquisites. Reimbursements and in kind provisions such as medical expenses, utilities, domestic servants, club bills, rent free accommodation and motorcar use qualify as perquisites subject to the one fifth ceiling. Bonus and commission are classified by reference to their contractual or gratuitous character.
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