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S .K. Tyagi

Latest Articles


Taxability of Interest subsidy or Interest Free loan received by an employee from his employer

Income Tax : Now-a -days most of the employers, especially the companies have been providing loans to their employees for the purpose of purcha...

October 23, 2020 15978 Views 2 comments Print

Salary – Tax Treatment of Gratuities

Income Tax : The word ‘Gratuity’, has not been defined in the Income-Tax Act, 1961(the Act). In the absence of any definition of ‘Gratuit...

October 12, 2020 36093 Views 0 comment Print

Reimbursement of Re-location expenses: A Perquisite

Income Tax : Recently, I was approached by a multi-national company for an opinion regarding tax-treatment of the expenses reimbursed by the co...

August 6, 2020 118626 Views 1 comment Print

Taxability of Income governed by Principle of Mutuality

Income Tax : There are a number of entities, the income / surplus of which is governed by the principle of mutuality and therefore, such income...

August 4, 2020 134935 Views 7 comments Print

Tax-treatment in respect of receipt on transfer / sale of Transferable Development Rights (TDRs)

Income Tax : Of late, the concept of Transferable Development Rights (TDRs) has been very much in vogue, in regard to the developers and builde...

August 2, 2020 79664 Views 3 comments Print


Fringe benefits, by way of gift, voucher or token to employees

December 30, 2006 80114 Views 2 comments Print

Recently old Rule 3 of the I.T. Rules, 1962, regarding valuation of perquisites, has been substituted by a new Rule, vide Notification No. S.O. 940(E), dated 25.9.2001. Sub-rule (7) of new Rule 3 deals with other fringe benefits or amenities in terms of the provisions of S. 17(2)(vi) of the I.T. Act, 1961. Clause (iv) of sub-rule (7) of Rule 3 deals with the valuation of perquisite by way of any gift or voucher or token

Tax-treatment of payment by an employer to employees’ pension scheme

December 15, 2006 8085 Views 0 comment Print

Of late it is becoming difficult for the employers to retain their top-level employees. Therefore, the employers are trying to provide additional benefits for such employees. In the present scenario most of the senior level employees are very much concerned about their post-retirement benefits viz. pension or some kind of other annuity after their retirement from service.

Valuation of perquisite in respect of housing accommodation provided to Staff

November 21, 2006 5611 Views 0 comment Print

Recently, the Supreme Court has rendered a very important judgement in respect of valuation of perquisite regarding housing accommodation provided by an employer to its employees, in the case of Arun Kumar and Others Vs. Union of India [2006] 286 ITR 89 (S.C.). In this case, the validity of rule 3 of Income-Tax Rules, 1962(the Rules), as amended in 2001,

Salient Features of The Taxation Laws (Amendment) Act, 2006

August 16, 2006 1392 Views 0 comment Print

Under the existing provisions, in the first proviso to section 10(23C), the fund or trust or institution or any university or other educational institutions or any hospital or other medical institution referred to in sub-clauses (iv), (v), (vi) or (via) of the said clause (23C), shall make an application in the prescribed form and manner to the prescribed authority for the purpose of grant of exemption

Guidelines for preparation of return and payment of FBT

July 5, 2006 2047 Views 0 comment Print

The Finance Act, 2005, has inserted in the Income-Tax Act, 1961(the Act), a new Chapter XII-H. This Chapter deals with a new tax known as, ‘Fringe Benefit Tax’ (FBT) and it contains Sections 115W to 115WL. Chapter XII-H has come into effect from 1.4.2006 viz. assessment year (AY) 2006-07, relevant to the financial year (FY) 2005-06.

Incentives for Educational Institutions under Income-Tax Act, 1961

December 17, 2005 10108 Views 0 comment Print

Presently, India is witnessing a knowledge and information technology boom. New BPO (Business Process Outsourcing) units and Call-Centres are being opened every day throughout the length and breadth of the country. In addition, KPO (Knowledge Process Outsourcing) units are also being established in view of tremendous demand for the same. Similarly, there is also a boom in bio-technology research and application.

Absurdities in CBDT Circular on Fringe Benefit Tax

September 15, 2005 987 Views 0 comment Print

There are lot of ambiguities in the provisions of fringe benefit tax (FBT), which have been newly introduced in the Income-Tax Act, 1961 (the Act), vide the Finance Act, 2005. Therefore, tax-payers were expecting that the explanatory notes in respect of the aforesaid provisions, to be issued by the Central Board of Direct Taxes (CBDT), would clear up the uncertainties and ambiguities, etc., which have crept there into

Business Processing Offices & Call Centres: Impact of levy of Fringe Benefit Tax

September 8, 2005 492 Views 0 comment Print

The Central Board of Direct Taxes (CBDT) has come out with Circular No.8/2005, dated 29.8.2005, providing Explanatory Notes & clarifications in respect of the provisions of Fringe Benefit Tax(FBT), which have been newly introduced, vide Finance Act, 2005. In my earlier Article on ‘Fringe Benefit Tax – ambiguities explained and doubts resolved’ [published in 276 ITR (Jour.) page 1],

Guest House Expenses-outside the purview of fringe benefit tax

August 20, 2005 5400 Views 0 comment Print

The Finance Act, 2005, has inserted in the Income-Tax Act, 1961 (the Act), a new Chapter XII-H. This Chapter deals with ‘Fringe Benefit Tax’ (FBT) and it contains Sections 115W to 115WL. The provisions of FBT have come into effect from 1.4.2006 viz. assessment year (AY) 2006-07, relevant to financial year (FY) 2005-06. For the purposes of Chapter XII-H, vide Section 115WB(1) of the Act, ‘Fringe Benefits (FB) means any consideration for employment provided by way of –

‘Fringe Benefit Tax’–ambiguities and doubts resolved

June 7, 2005 3381 Views 0 comment Print

The Finance Act, 2005, has inserted in the Income-Tax Act, 1961(the Act), a new Chapter XII-H. This chapter deals with a new tax known as, ‘Fringe Benefit Tax’ (FBT) and it contains Sections 115W to 115WL. Chapter XII-H has come into effect from 1.4.2006 viz. assessment year (AY) 2006-07, relevant to the financial year (FY) 2005-06.

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