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COMMISSIONER OF INCOME TAX (TDS) Versus GUJARAT ALKALIES AND CHEMICALSLTD

2016 (9) TMI 963 - GUJARAT HIGH COURT

TDS u/s 192 - pro-rate medical allowances given by the Employer to the employees - whether is taxable as perquisite in their hands under the head “Salary” as per sub clause (iiia) and (iiib) of section 2(24) r.w.s. 17 ? - Held that:- Section 17(2) of .....

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er in respect of any expenditure actually incurred by the employee on his medical treatment or the treatment of any member of his family, so, however that such sum does not exceed ₹ 15,000/- in the previous year. Thus, reimbursement of medical .....

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he ceiling of ₹ 15,000/- was breached. Prime objection of the Revenue appears to be the fixed reimbursement commensurate with the level of the employee irrespective of the demand for medical reimbursement. The company, however, when ensured tha .....

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6 - MR. AKIL KURESHI AND MR. A.J. SHASTRI, JJ. FOR THE APPELLANT : MRS MAUNA M BHATT, ADVOCATE, MUNJAL M BHATT, ADVOCATE FOR THE OPPONENT : MR MANISH J SHAH, CAVEATOR ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Leave to amend. 2. Revenue .....

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ble as perquisite in their hands under the head Salary as per sub clause (iiia) and (iiib) of section 2(24) r.w.s. 17 of the income Tax Act and thereby liable for TDS u/s. 192 of the I.T.Act, 1961 or not? 3. The issue pertains to the requirement of t .....

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f the employees. This payment had no relation to the medical expenditure actually incurred by the employee for himself or the family. According to the Revenue therefore, this amount would form part of perquisite as referred to in Section 17(2) of the .....

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e of the Revenue that the employees had not actually been reimbursed such amount or that the same was excessive. Learned counsel Mr. J.P.Shah for the assessee would additionally point out that the company would obtain a declaration from the employee .....

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Section 17(2) of the Act refers to term perquisite as to include range of benefits to be paid by the employer to the employees. Proviso to said sub section, however, provides that nothing in this clause shall apply to in clause (v) where any sum pai .....

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