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Issues:
Whether interest subsidy granted by the employer to employees for house building loans constitutes a perquisite under section 17(2)(iv) of the Income-tax Act, 1961, subject to deduction of tax at source on salary. Analysis: The petitioners, employees of the third respondent, sought direction to prevent the deduction of income-tax on interest subsidy forming part of the interest paid by the employer towards loans for house construction. They argued that interest subsidy is not a perquisite under section 17(2) of the Income-tax Act, relying on decisions of the Karnataka and Andhra Pradesh High Courts. The Income-tax Department contended that the interest subsidy is a perquisite falling under section 17(2)(iv) of the Act, as the employer directly pays part of the interest liability for the loans availed by the employees. The court noted that the Karnataka and Andhra Pradesh High Courts previously considered interest concessions given by employers to employees, emphasizing the inclusion and subsequent deletion of sub-clause (vi) to section 17(2) regarding interest incentives as perquisites. The court found that the interest subsidy paid by the employer directly to the financial institution providing loans is a perquisite falling under section 17(2)(iv) of the Act. This is because the employer undertakes the obligation to discharge the interest liability to the extent of the subsidy granted, which would otherwise be the responsibility of the employees. The court upheld the proposal to deduct tax at source on the interest subsidy in this case. However, it noted that taxing interest subsidy paid directly to financial institutions while exempting subsidies paid to employees would be discriminatory and against Article 14 of the Constitution of India. The court highlighted that the Department appeared to accept the decisions of the Karnataka and Andhra Pradesh High Courts, as no Special Leave Petitions (SLPs) were filed. It also mentioned the introduction of tax on interest incentives from the assessment year 2002-03 onwards, indicating the Government's intention to tax such incentives. Despite upholding the deduction of tax on interest subsidy as a perquisite until 2002-03, the court ruled that interest subsidies of this nature should be treated outside the scope of section 17(2)(iv) until that period, allowing the petitioners exemption from tax on interest subsidy paid by the employer during that time frame. In conclusion, the court allowed the petition, granting freedom to the third respondent to recover tax on interest subsidy paid directly or indirectly from April 1, 2002, following section 17(2)(iv) of the Act and rule 3(7) of the Rules.
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