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2003 (7) TMI 29 - HC - Income TaxConstitutional Validity o f provisions under section 17(2) or under rule 3 of the IT Rules - Whether the provisions under section 17(2) or under rule 3 of the IT Rules deviates from the basic concept of perquisites and fringe benefits as part of salary in its wider sense ? - There is no violation of the Constitutional limits of the legislative powers in leaving it to the rule making authority to provide for the machinery provision for valuing the perquisites and fringe benefits which may form part of salary as "perquisites" as per the term defined under section 17(1) which is to be introduced. Sub-clause (vi) of section 17(2) does not occurred in deliction to treat to anything as a fringe benefit as perquisite which may otherwise not come within its perview – Thus question is answered in negative
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