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Income Tax Laws – I




                    Notes          The allowances which are fully taxable in the hands of employee are:
                                   1.  Dearness Allowance, Additional Dearness Allowance and Dearness Pay: This is a very
                                       common allowance these days on account of high prices. Sometimes Additional Dearness
                                       Allowance is also given. It is included in the income from salary and is taxable in full.
                                       Sometimes it is given under the terms of employment and sometimes without it. When it
                                       is given under the terms of employment it is included in salary for purposes of determining
                                       the exemption limits of house rent allowance, recognised provident fund, gratuity and
                                       value of rent free house and is also taken into account for the purposes of retirement
                                       benefits. Sometimes dearness allowance is given as ‘Dearness Pay’. It means that it is
                                       being given under the terms of employment.
                                   2.  Fixed Medical Allowance: Medical allowance is fully taxable even if some expenditure has
                                       actually been incurred for medical treatment of employee or family.
                                   3.  Tiffin Allowance: It is a fully taxable allowance. It is given to employees for lunch as
                                       coupons or added as part of salary.

                                   4.  Servant Allowance: It is fully taxable even if it is given to a low paid employee, not being
                                       an officer, i.e., it is taxable for all categories of employees.
                                   5.  Non-practicing Allowance: It is generally given to those medical doctors who are in
                                       government service and they are banned from doing private practice. It is to compensate
                                       them for this ban. It is fully taxable.

                                   6.  Hill Allowance: It is given to employees working in hilly areas on account of high cost of
                                       living in hilly areas as compared to plains. It is fully taxable, if the place is located at less
                                       than 1,000 meters height from sea level.
                                   7.  Warden Allowance and Proctor Allowance: These allowances are given in educational
                                       institutions for working as Warden of the hostel and/or working as Proctor in the
                                       institution. These allowances are fully taxable.
                                   8.  Deputation Allowance: When an employee is sent from his permanent place of service to
                                       some other place or institution or organisation on deputation for a temporary period, he
                                       is given this allowance. It is fully taxable.
                                   9.  Overtime Allowance: When an employee works for extra hours over and above his normal
                                       hours of duty he is given overtime allowance as extra wages. It is fully taxable.
                                   10.  Other Allowances: Other allowances like Family allowance, Project allowance, Marriage
                                       allowance, City Compensatory allowance, Dinner allowance, Telephone allowance etc.
                                       These are fully taxable.

                                   7.3.2 Partially Exempt Allowances

                                   This category includes allowances which are exempt upto certain limit. For certain allowances,
                                   exemption is dependent on amount of allowance spent for the purpose for which it was received
                                   and for other allowances, there is a fixed limit of exemption.
                                   1.  House Rent Allowance (HRA): House Rent Allowance (HRA) is generally paid as component
                                       of salary package. This allowance is given by an employer to an employee to meet the cost
                                       of renting an accommodation.  Section 10(13A) of the Income Tax Act provides for exemption
                                       of HRA based on certain rules. In order to claim HRA exemption, the following basic
                                       conditions should be met:

                                            Assessee should be staying in a rented accommodation.





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