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section 17

Latest Articles


Understanding the Principle of Mutuality in Tax Law: Key Implications

Income Tax : Dive into the Principle of Mutuality, exploring its meaning, tax implications, and impact on cooperative societies. Discover case ...

August 5, 2023 16800 Views 2 comments Print

Cause of Action to Appeal to DRT continues at various stages under SARFAESI Act, 2002?

Fema / RBI : It is felt that enormous powers are conferred on Banks or Public Financial Institutions under SARFAESI Act, 2002 from the stage of...

January 15, 2011 2523 Views 0 comment Print

Collusion between Bank Officials and Builders – SARFAESI Act – a Case Study

Finance : I strongly believe that implementing the provisions of the SARFAESI Act, 2002 making a good balance between the object and the int...

December 19, 2010 3706 Views 0 comment Print

High court upheld the levy of higher rate of tax on superior kerosene oil (white kerosene oil)

Goods and Services Tax : Levy of sales tax on a higher percentage on ‘superior kerosene oil' (SKO) (also called white kerosene oil) and also levy of resa...

December 30, 2009 1177 Views 0 comment Print

Valuation of Perquisites other then accommodation, motor car and ESOP for financial year 2009-2010

Income Tax : For the sake of convenience, the attached tables summarises the valuation rules for all perquisites prescribed in the new rule 3 e...

December 22, 2009 6298 Views 1 comment Print


Latest News


Income tax department withdrawn the approval granted under Section 17(2) to Hospital in Chandigarh

Income Tax : A dozen private nursing homes and hospitals today lost their approval granted under Section 17(2) of the Income Tax Act on the bas...

January 13, 2010 27537 Views 13 comments Print


Latest Judiciary


TCS not applicable on liquor vendors who bought vending rights on auction: Supreme Court

Income Tax : Supreme Court held that Section 206C of the Income Tax Act is not applicable in respect of Mysore Sales and that the liquor vendor...

July 26, 2024 240 Views 0 comment Print

Reassessment order not communicated within time prescribed u/s 153(2) quashed: Manipur HC

Income Tax : Manipur High Court held that non-communication of order of reassessment and demand notice within time lime prescribed under sectio...

July 25, 2024 246 Views 0 comment Print

Bank Documents for Asset Reconstruction Exempt from Stamp Duty under SARFAESI Act

Corporate Law : Legal analysis of SARFAESI Act: Exemption from stamp duty for documents favoring asset reconstruction. Case: Assets Care Vs Ankit ...

June 4, 2024 291 Views 0 comment Print

Jharkhand HC Denies Bail to Former Chief Engineer’s Father in Money Laundering Case

Corporate Law : There was sufficient evidence collected by the respondent Enforcement Directorate to prima facie come to the conclusion that asses...

May 31, 2024 405 Views 0 comment Print

ITAT Upholds Cancellation of Registration for Trust Building Leasing Income

Income Tax : ITAT Pune upheld the cancellation of Golden Charitable Trust's registration, citing commercial activity from leasing property. Rea...

May 23, 2024 2028 Views 0 comment Print


Latest Notifications


Circular on adjustment of Advance FBT Paid for Assessment Year 2010-11

Income Tax : Circular No. 2/2010-Income Tax The Finance Act, 2005 introduced a levy namely Fringe Benefit Tax (FBT) on the value of certain fr...

January 29, 2010 8006 Views 0 comment Print

Revised rules for valuation of perquisites for F.Y. 2009-10 & amp; onwards

Income Tax : Notification No. 94/2009 - Income Tax For the purpose of computing the income chargeable under the head Salaries, the value of pe...

December 18, 2009 2384 Views 1 comment Print


Increase in Registration Fees is unconstitutional and without any reasons

November 21, 2009 1107 Views 0 comment Print

As per section 17 of the Indian Registration Act, 1908 any documents related to immovable property exceeding worth Rs.100/- needs to be compulsorily registered. This being a central Act and is being implemented by the state government as per the special power given to the state government. Further, the state government is also empowered to levy the registration fees by issuing necessary notifications. The registration fee is charged as a service charge and not as a part of taxes to increase the revenue.

Taxability as perquisite of Transport facility provided to an employee from his residence to office and vice- versa

September 7, 2009 6061 Views 0 comment Print

Section 10 provides for the incomes which do not form part of total income, and cl.[i] of sub-sec.[14] of sec. 10 provides that any such special allowance or benefit, not being in the nature of a perquisite within the meaning of clause [2] of sec. 17, specifically granted to meet expenses wholly, necessarily and exclusively incurred in the performance of the duties of an office or employment of profit, to t

Valuation of residential accommodation provided by PSU to its employees

July 14, 2009 5000 Views 1 comment Print

48. Section 17(2)(ii) as it stood prior to amendment in 2007 did not contain any ‘deeming clause’ to deem rent paid less than 10% or 7.5% as a concession or that the employees is deemed to have received that concession. An employer may provide residential accommodation to his employees for several reasons. It is also possible that for making available staff quarters/colonies/ accommodations, State Governments

FBT abolished and Perquisites earlier covered under FBT become taxable in the hand of Employees

July 13, 2009 2054 Views 0 comment Print

Currently, certain prescribed fringe benefits provided by an employer to his employees are liable to FBT in the hands of the employer. Such fringe benefits are not included within the scope of ‘perquisites’ as defined in section 17. As FBT will now be abolished, ‘perquisites’ will include the following: 1. Presently, FBT is levied on […]

Frequently Asked Question on fringe benefit tax (FBT) PART- 4

June 20, 2009 2954 Views 0 comment Print

76. Whether expenditure incurred on prizes/rewards to employees for achievements is liable to FBT? Any expenditure incurred on prizes/rewards to employees for achievements would fall within the scope of clause (E) of sub -section (2) of section 115WB relating to employee welfare and accordingly be liable to FBT. 77. Whether expenditure incurred on transportation facility […]

Voluntary retirement compensation and chargeability to tax if payment is stretched over a period of years

June 16, 2009 1300 Views 0 comment Print

Benefit in lieu of salary payable to an employee opting for voluntary retirement is exempted from being charged to tax to the extent of Rs. 5 lakhs by reason of section 10(10C); even if the payment is stretched over a period of years, the same would not become chargeable to tax in any subsequent assessment year

Fringe Benefit Tax on ESOP'S

February 19, 2009 5671 Views 0 comment Print

INTRODUCTION The proviso to section 17(2)(iii) has been omitted. So far the value of any benefit provided by the company free of cost or at a concessional rate to its employees by way of allotment of shares, debentures or warrants, directly or indirectly under any Employees Stock Option Plan or Scheme of the Company offered to […]

Scholarship/ stipend received by a student for pursuing higher studies cannot be treated as salary

June 30, 2008 116870 Views 25 comments Print

5. Even if this appeal is viewed with angle of section 15 of the Act, which speaks about chargeability of salary. Section 15 of the Act is reproduced- herewith:- “The following income shall be chargeable to income tax under the head “Salaries”- a). any salary due from an employer or a former employer to an assessee in the previous year, whether paid or not;

Gratuity payment under the Payment of Gratuity Act, 1972 or otherwise exempt to the extent covered under the Income Tax Act

February 25, 2008 3693 Views 0 comment Print

No doubt, section 192 of the Income-tax Act requires the employer to deduct the income-tax from the salary and the salary is defined under section 17 of the Income-tax Act, which includes wages, any annuity or pension, any gratuity, any fees, commissions, perquisites or profits in lieu of or in addition to any salary or wages, any advance of salary and other payments

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