Accomodation - seggragation, Income Tax

[CHITRA HARIHARAN]

As per Sec 192(1A) of the Income Tax Act, 1961, the employer at his option can pay average tax(read with sec10(10cc) while calcualting the non monetary taxable perquiste in the hands of the employee. The question arises whether the employer can seggragate while calculating the average tax to be paid by them between(1) self leased accomadation( house taken on lease from the employee itself) and (2)third party lease(house taken on lease from a any other person other than the employee) & house owned by the employee. In this case, the employer has given the benefit of TAX PAYMENT only the (2) mentioned above and not for the employees covered under(1) above. Whether the treatment by the employer is correct according to rule 3 which deals with calculation of perquistes?

Posts / Replies

[D Gupta]

I think you can not calculate TDS liability separately under different provisions. Total TDS liability to be calculated applying rule 3 irrespective of the fact that the property is self leased accommodation or third party lease.