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Section 17(2) of Income Tax Act: Understanding the Concept

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As taxpayers, it is essential to have a comprehensive understanding of the Income Tax Act and its provisions. Section 17(2) is one such provision that deals with the computation of income from salaries. In this blog, we will explore what Section 17(2) of the Income Tax Act is, how it works, and why it is significant.

Understanding Section 17(2) of the Income Tax Act

Section 17(2) of the Income Tax Act deals with the computation of income from salaries. It provides that any amount received by an employee from his employer, either in cash or kind, is considered a part of his salary. Such amounts can be in the form of basic salary, allowances, bonuses, or other benefits provided by the employer. The section also states that any perquisite provided by the employer to the employee will also be considered as a part of his salary.

The term ‘perquisite’ refers to any benefit that an employee receives in addition to his salary. It can be in the form of a company car, rent-free accommodation, or any other facility provided by the employer. The value of such perquisites is added to the employee’s salary, and tax is calculated accordingly.

How Section 17(2) of the Income Tax Act Works

To understand how Section 17(2) works, let us take an example. Suppose an employee receives a basic salary of Rs. 50,000 per month from his employer. In addition to this, the employer provides him with a company car, which is used for both official and personal purposes. The fair market value of the car is Rs. 10,000 per month.

In this case, the employee’s salary for tax purposes will be Rs. 60,000 (i.e., Rs. 50,000 basic salary + Rs. 10,000 perquisite value of the car). The employer will deduct tax at source (TDS) on the total salary amount of Rs. 60,000 based on the tax slab rate applicable to the employee.

Significance of Section 17(2) of the Income Tax Act

Section 17(2) of the Income Tax Act is significant for both employers and employees. For employers, it is essential to ensure that all perquisites provided to employees are correctly valued and included in their salary computation. Failure to do so can result in penalties and interest levied by the tax authorities.

For employees, it is crucial to understand the concept of perquisites and how they impact their tax liability. By including perquisites in their salary computation, employees can accurately estimate their tax liability and plan their finances accordingly.

In conclusion

Section 17(2) of the Income Tax Act is a crucial provision that deals with the computation of income from salaries. It requires employers to include all amounts received by an employee, including perquisites, in his salary computation. For employees, understanding this provision can help them accurately estimate their tax liability and plan their finances better. As such, it is essential for taxpayers to have a comprehensive understanding of Section 17(2) and its implications.

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Frequently Asked Questions (FAQs)

Q. What is Section 17(2) of the Income Tax Act?
Section 17(2) of the Income Tax Act deals with the computation of income from salaries. It provides that any amount received by an employee from his employer, either in cash or kind, is considered a part of his salary. This section also deals with the valuation of perquisites.

Q. What is the meaning of perquisites under Section 17(2)?
Perquisites refer to any benefit that an employee receives in addition to his salary. It can be in the form of a company car, rent-free accommodation, or any other facility provided by the employer. The value of such perquisites is added to the employee’s salary, and tax is calculated accordingly.

Q. Are all perquisites taxable under Section 17(2)?
No, not all perquisites are taxable under Section 17(2). Only those perquisites that are provided by the employer in addition to the employee’s salary and are of a personal nature are taxable. For example, a company car provided for official use only will not be taxable.

Q. How are perquisites valued under Section 17(2)?
Perquisites are valued based on the fair market value of the benefit provided. For example, if an employee is provided with a rent-free accommodation, the value of the perquisite will be the fair market rent of the accommodation.

Q. What is the significance of Section 17(2) for employers?
Employers are required to correctly value all perquisites provided to employees and include them in their salary computation. Failure to do so can result in penalties and interest levied by the tax authorities.

Q. What is the significance of Section 17(2) for employees?
Employees can accurately estimate their tax liability by understanding the concept of perquisites and how they impact their salary computation. By including perquisites in their salary computation, employees can plan their finances better.

Q. Can employees claim any deductions on perquisites provided to them?
Yes, employees can claim certain deductions on perquisites provided to them. For example, if an employee is provided with a rent-free accommodation, he can claim a deduction for the amount of rent that he would have paid if he had rented a similar accommodation.

Q. What are the penalties for non-compliance with Section 17(2)?
Non-compliance with Section 17(2) can result in penalties and interest levied by the tax authorities. Employers may also face legal action for non-compliance.

 

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