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2012 (10) TMI 839 - ALLAHABAD HIGH COURTProfit in Lieu of Salary - Whether the receipt of dearness relief to pensioner is taxable as profit in lieu of salary – Assessee is a retired judge of High Court – Held that:- The exemption from liability to pay income tax on certain perquisites or allowances received by a judge and which may not be included in the computation of his income chargeable under the head 'salaries' u/s 15 IT. Act,1961 is included u/s 22D, in Chapter IV as substituted by Act No. 20 of 1998. All other amounts received by a judge are taxable. The dearness relief will be included in the pension and is not exempt from income tax u/s 22D of the Act of 1954. Therefore, the dearness relief is 'profit in lieu of salary' and is included as an amount received by a retired judge u/s 17(3)(ii) and would be taxable as income. Appeal decides favour of revenue
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