Question 2
Salary with a car, rent-free furnished accommodation, servant, hostel and tuition benefits, family pension and deductions (as set, 1961 Act, AY 2021-22)
13.75 marks
- Time to write
- About 28 minutes
From an older CBCS paper
Question
Question 2 · 13.75 marksMr. Rishabh (a resident individual, age 45 years) works as a Deputy Manager with Lifestyle (P) Ltd. Indore, Madhya Pradesh. Under the head capital gains his income is Rs. 7,80,000. He also receives family pension of Rs. 3,500 p.m. For the PY 2020-21 he receives the following remuneration. For AY 2021-22, compute his taxable income, assuming that he does not opt for the new tax regime under section 115 BAC.
| Particulars | Amount (in Rs.) |
|---|---|
| Basic Salary | 2,00,000 p.m. (inclusive of an annual increment of Rs. 10,000 with effect from 01.01.2020) |
| Dearness Allowance | 20,000 p.m. (which forms part of all retirement benefits) |
| Telephone allowance (fixed) | 5,000 p.m. |
| Car provided by the employer company | Car name: Creta; Original cost (Rs.): 13,00,000; c.c.: 1591; Petrol and other expenses (Rs.): 17,000 p.m.; Chauffer Salary (Rs.): 8,000 p.m.; Normal wear and tear (Rs.): 35,000 |
| Car provided by the employer company | The car is provided to Mr. Rishabh for both official and personal purposes. The employer company incurs the maintenance expenses, including Chauffeur’s salary. |
| Rent free furnished accommodation provided for the period from 01.02.2020 till 31.01.2021. | The house is taken on rent by the employer (the rent being Rs. 36,000 p.m.). As per the 2001 census, the population of Indore is 25.5 lakh. Dining table (hire charges of Rs. 34,000 paid by employer) and a Refrigerator (owned by the employer, with original cost Rs. 1,20,000 and Written Down value Rs. 45,000 as on 01.04.2020). The Refrigerator is provided to Mr. Rishabh w.e.f. 01.08.2020. From 01.02.2021 onwards Mr. Rishabh moves to his own house. |
| Refreshment and beverages during the working hours | Rs. 12,400 incurred by the employer company |
| Servant allowance | Rs. 5,000 p.m. for a period of 10 months till 31.01.2021. A servant facility, worth Rs. 5000 p.m., was provided with effect from 01.02.2021 onwards. |
| Hostel expenditure allowance | Rs. 9000 each is received during the year for three children. However, the amount he spent on the hostel comes to Rs. 40,000 for his all children. |
| Tuition Fees paid by the employer | Rs. 10,000 p.m. per child, for each of three children. There is no arrangement between the school and the employer company. |
During the previous year 2020-21 he makes the following investments and expenditures.
- Donation of Rs. 25000 to Clean Ganga Fund through Net banking. b) Subscription of Rs 50,000 to Equity linked Saving Scheme of Axis Mutual fund house. c) Subscription to the VIII issue of National Savings Certificates: Rs. 1,20,000 d) Interest on the loan taken for the purchase of an electric vehicle: Rs. 1,45,000
Paper note: The as-set version: set and answered under the Income-tax Act, 1961 for assessment year 2021-22 (previous year 2020-21), with the dates as printed. Mr. Rishabh is described as a resident individual; the question gives no residential status history. In the printed table the car data sit in a small table inside the car row; here they are written as label: value pairs in one cell, and the printed text about the car is a second row with the same row label. As printed, the table says the amount spent on the hostel is for "his all children"; the house is taken on rent by the employer, and the refrigerator is provided from 01.08.2020 while the accommodation runs from 01.02.2020 to 31.01.2021. The word "Chauffer" (header) and "Chauffeur’s" (text) are both as printed.
Reworded from the university paper: names and figures differ, the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- assuming that he does not opt…The paper fixes this: use it as given, and say so in your answer.
- computeHead by head: each income under its head, exempt items marked exempt, then the deductions and the tax.
Write it in this order
- Read the data; note exactly what is asked 2 min
- 1 Basic salary, dearness allowance and the allowances 2 marks 3 min
- 2 Car and chauffeur; refreshments 1½ marks 3 min
- 3 Rent-free furnished accommodation 3½ marks 6 min
- 4 Servant, hostel allowance and tuition fees 2½ marks 4 min
- 5 Family pension 1 mark 2 min
- 6 Deductions and taxable income 3.2 marks 6 min
- Check: arithmetic, units (₹, %), final answer underlined 2 min
Try it first. About 28 minutes for 13.75 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
- Regime. He does not opt for section 115BAC, so the ordinary provisions, with all exemptions and deductions, apply. The option counts only if exercised in the prescribed manner: with the section 139(1) return by a person with no business or professional income, or on or before the section 139(1) due date by one who has such income (section 115BAC(5)).
- Basic salary. The ₹2,00,000 a month already includes the increment given on 01.01.2020, before the previous year 2020-21, so it is ₹2,00,000 for every month of the year.
- Accommodation. It runs from 01.02.2020 to 31.01.2021; in the previous year 2020-21 that is the 10 months April 2020 to January 2021. The refrigerator is with him for 6 of those months (August to January).
- Capital gains of ₹7,80,000 are taken as already computed. The question does not say whether they are long-term or short-term; that does not change the taxable income here, because his other income is far more than the deductions.
Rent-free furnished accommodation
The house is taken on rent by the employer, so its value is the rent paid by the employer or 15% of salary for the period, whichever is lower (section 17(2)(i), valued under Income-tax Rules, 1962, rule 3(1), Table I, Sl. No. (2)(b)); the population of Indore matters only for a house the employer owns. Furniture adds its hire charges, and 10% a year of cost for furniture the employer owns (Income-tax Rules, 1962, rule 3(1), Table I, Sl. No. (2)(b), as substituted by the Income-tax (13th Amendment) Rules, 2009).
Salary for this purpose, for April 2020 to January 2021 (basic salary, dearness allowance forming part of retirement benefits, and the taxable allowances of those months):
| Item | ₹ |
|---|---|
| Basic salary, ₹2,00,000 × 10 | 20,00,000 |
| Dearness allowance, ₹20,000 × 10 | 2,00,000 |
| Telephone allowance, ₹5,000 × 10 | 50,000 |
| Servant allowance, ₹5,000 × 10 | 50,000 |
| Hostel allowance, taxable part, 10/12 of ₹19,800 | 16,500 |
| Salary for the accommodation | 23,16,500 |
| Item | ₹ |
|---|---|
| Rent paid by the employer, ₹36,000 × 10 | 3,60,000 |
| 15% of salary for the period | 3,47,475 |
| Value of the house: the lower | 3,47,475 |
| Dining table: hire charges paid by the employer | 34,000 |
| Refrigerator: 10% a year of ₹1,20,000 for 6 months | 6,000 |
| Rent-free furnished accommodation | 3,87,475 |
- Basic salary and dearness allowance: taxable in full: ₹24,00,000 and ₹2,40,000.
- Telephone allowance (fixed): a cash allowance, taxable in full: ₹60,000.
- Car (Creta, 1591 c.c., not above 1.6 litres) used for official and personal purposes, with maintenance and the chauffeur paid by the employer: he is an employee whose salary exceeds ₹50,000 (section 17(2)(iii)(c)); the value is ₹1,800 a month for the car and ₹900 a month for the chauffeur: ₹2,700 × 12 = ₹32,400. The cost, the petrol and the wear and tear do not change the value (Income-tax Rules, 1962, rule 3(2), Table II, Sl. No. (1)(c)(i)).
- Refreshments and beverages during working hours (₹12,400): not a perquisite. Nil (proviso to Income-tax Rules, 1962, rule 3(7)(iii): tea or snacks during working hours).
- Servant allowance for the 10 months to 31.01.2021: a cash allowance, taxable: ₹50,000. Servant facility from 01.02.2021: a benefit provided free to an employee whose salary exceeds ₹50,000 (section 17(2)(iii)(c)), valued at its cost, ₹5,000 × 2 = ₹10,000 (Income-tax Rules, 1962, rule 3(3)).
- Hostel expenditure allowance (₹9,000 × 3 = ₹27,000): exempt up to ₹300 a month a child for at most two children, whatever is spent: ₹300 × 12 × 2 = ₹7,200 (section 10(14)(ii)). Taxable ₹19,800 (Income-tax Rules, 1962, rule 2BB(2), Table, entry 6: inserted by CBDT Notification No. 9807 of 7 July 1995 (S.O. 617(E)) for up to two children, amount raised to ₹300 a month a child by CBDT Notification No. 11344 of 24 April 2000 (S.O. 403(E))).
- Tuition fees paid by the employer (₹10,000 a month for each of three children): an obligation of the employee met by the employer is a perquisite (section 17(2)(iv)). There is no arrangement with the school, so nothing is exempt: ₹10,000 × 3 × 12 = ₹3,60,000 (Income-tax Rules, 1962, rule 3(5): the proviso's relief covers only education in the employer's own institution or provided because of the employment, and only where the cost does not exceed ₹1,000 a month a child).
- Standard deduction: ₹50,000 (section 16(ia)).
Income under the head Salaries
| Particulars | ₹ |
|---|---|
| Basic salary, ₹2,00,000 × 12 | 24,00,000 |
| Dearness allowance, ₹20,000 × 12 | 2,40,000 |
| Telephone allowance, ₹5,000 × 12 | 60,000 |
| Motor car and chauffeur | 32,400 |
| Rent-free furnished accommodation | 3,87,475 |
| Servant allowance | 50,000 |
| Servant facility | 10,000 |
| Hostel allowance (27,000 − 7,200) | 19,800 |
| Tuition fees paid by the employer | 3,60,000 |
| Refreshments | Nil |
| Gross salary | 35,59,675 |
| Less: standard deduction (section 16(ia)) | 50,000 |
| Income under the head Salaries | 35,09,675 |
Family pension of ₹3,500 a month (₹42,000) is income from other sources, less one-third or ₹15,000, whichever is less (section 57(iia)): ₹42,000 − ₹14,000 = ₹28,000.
- Clean Ganga Fund, paid through net banking (₹25,000): deductible in full for a resident (section 80G(1)(i) and (2)(a)(iiihl)).
- Equity linked savings scheme (₹50,000) and National Savings Certificates, VIII issue (₹1,20,000): both count under section 80C (section 80C(2)(ix) and (xiii)), ₹1,70,000 in all, limited to ₹1,50,000 (section 80CCE).
- Interest on the loan for an electric vehicle (₹1,45,000): section 80EEB (inserted by the Finance (No. 2) Act, 2019, section 25) allows the interest payable on a loan taken from a financial institution (a banking company, a bank or banking institution under section 51 of the Banking Regulation Act, 1949, or a deposit-taking or systemically important non-deposit-taking NBFC: section 80EEB(5)(b)) for buying an electric vehicle, up to ₹1,50,000, from assessment year 2020-21 (section 80EEB(1)-(2)), only if the loan was sanctioned between 1 April 2019 and 31 March 2023 (section 80EEB(3)). The question names neither the lender nor the sanction date, and does not describe the vehicle. The vehicle is read as an electric vehicle as section 80EEB(5)(a) defines it (powered only by an electric motor, its traction energy coming only from a traction battery installed in it, with an electric regenerative braking system that turns kinetic energy into electrical energy during braking), and the loan as one from such a financial institution, sanctioned in that period: ₹1,45,000. The same interest cannot then be deducted under any other provision for this or any other year (section 80EEB(4)). If the loan or the vehicle does not qualify, nothing is deducted under section 80EEB, and the taxable income is ₹41,42,675, rounded to ₹41,42,680 (section 288A).
| Particulars | ₹ |
|---|---|
| Income under the head Salaries | 35,09,675 |
| Capital gains | 7,80,000 |
| Income from other sources: family pension | 28,000 |
| Gross total income | 43,17,675 |
| Less: section 80C | 1,50,000 |
| Less: section 80G | 25,000 |
| Less: section 80EEB | 1,45,000 |
| Taxable income | 39,97,675 |
| Rounded off to the nearest ₹10 (section 288A) | 39,97,680 |
Where the 13.75 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Basic salary, dearness allowance and the allowances | 2 |
| 2 | Car and chauffeur; refreshments | 1.5 |
| 3 | Rent-free furnished accommodation | 3.5 |
| 4 | Servant, hostel allowance and tuition fees | 2.5 |
| 5 | Family pension | 1 |
| 6 | Deductions and taxable income | 3.25 |
| Total | 13.75 |
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