Case Laws
Acts
Notifications
Circulars
Classification
Forms
Manuals
Articles
News
D. Forum
Highlights
Notes
🚨 Important Update for Our Users
We are transitioning to our new and improved portal - www.taxtmi.com - for a better experience.
⚠️ This portal will be discontinued on 31-07-2025
If you encounter any issues or problems while using the new portal,
please
let us know via our feedback form
so we can address them promptly.
Home
2013 (9) TMI 683 - HC - Income TaxTDS on Perquisites - Payment of conveyance allowance to Development Officers of LIC of India are salaried persons - scope of section 10(14)(i) - exemption Held that - For getting the business they were paid conveyance/additional conveyance allowances and also incentive bonus - Perquisite is excluded from the purview of Section 10(14). Perquisite is defined under Section 17(2) of the Act. Explanation 3 under Section 17(2) clearly provides that Salary includes the pay allowance bonus or commission payable monthly or otherwise or any monetary payment by whatever name called from one or more employers as the case may be - Conveyance/additional conveyance allowance is covered by the word perquisite and the same is taxable. - LIC is not competent to determine the allowances which are exempted from the tax. Letter dated 07.04.2004 has rightly been issued by the Senior Divisional Manager LIC for deducting the Tax at source from the amount paid pertaining to the conveyance/additional conveyance allowances incurred in the performance of duty as Development Officers for generating the business being a permissible deduction as the same is exigible to tax. The members of the petitioner s association being salaried persons on furnishing their return of income return be assessed by the assessing authority and it is only after due assessment he entitled for refund of the amount if any deducted by the employers conveyance allowance Writ petition dismissed.
|