Salary taxable.
This query is : Open
07 December 2013
salary recevied by the minister in the govt. is taxable under the head salary
07 December 2013
SALARY MEANS EMPLOYEE & EMPLOYER RELATION MUST BE EXIST, IF NO EMPLOYEE EMPLOYER RELATION SHIP IT MEAN SUCH RECEIPT IS NOT SALARY, MINISTER OF GOVT IS NOT EMPLOYEE OF GOVT. HE IS EMPLOYER, SO AMOUNT RECD BY A MINISTER TAXBEL IN THE INCOME FROM OTHER SOURCES
07 December 2013
It is exempted under the section 10, so no question of being which head it is.
07 December 2013
WHAT IS “SALARY”
Salary is the remuneration received by or accruing to an
individual, periodically, for service rendered as a result of an express
or implied contract. The actual receipt of salary in the previous
year is not material as far as its taxability is concerned. The
existence of employer-employee relationship is the
sine-qua-non
for taxing a particular receipt under the head “salaries.” For
instance, the salary received by a partner from his partnership
firm carrying on a business is not chargeable as “Salaries” but as
“Profits & Gains from Business or Profession”. Similarly, salary
received by a person as MP or MLA is taxable as “ Income from
other sources”, but if a person received salary as Minister of State/
Central Government, the same shall be charged to tax under the
head “Salaries”. Pension received by an assessee from his former
employer is taxable as “Salaries” whereas pension received on his
death by members of his family (Family Pension) is taxed as
“Income from other sources”.
Salary is the remuneration received by or accruing to an
individual, periodically, for service rendered as a result of an express
or implied contract. The actual receipt of salary in the previous
year is not material as far as its taxability is concerned. The
existence of employer-employee relationship is the
sine-qua-non
for taxing a particular receipt under the head “salaries.” For
instance, the salary received by a partner from his partnership
firm carrying on a business is not chargeable as “Salaries” but as
“Profits & Gains from Business or Profession”. Similarly, salary
received by a person as MP or MLA is taxable as “ Income from
other sources”, but if a person received salary as Minister of State/
Central Government, the same shall be charged to tax under the
head “Salaries”. Pension received by an assessee from his former
employer is taxable as “Salaries” whereas pension received on his
death by members of his family (Family Pension) is taxed as
“Income from other sources”.
07 December 2013
SANJEEV G, SALARY IS NOT EXEMPT, ALLOWANCE IS EXEMPT U/S 10
07 December 2013
Mr. Dheeraj, before to advise, please look in to the all aspect of all provision.
Section-13A exempt the income of political parties except the salary income & PGBP income, perhaps, for the salary income, major of allowance are exempted in section-10, moreover, the basic part of salary is taxable but it is excluded by issuing a notification.
Also, Supreme Court Jury salary is also exempted..
thanks
Section-13A exempt the income of political parties except the salary income & PGBP income, perhaps, for the salary income, major of allowance are exempted in section-10, moreover, the basic part of salary is taxable but it is excluded by issuing a notification.
Also, Supreme Court Jury salary is also exempted..
thanks
07 December 2013
Agreed with above expert.
09 December 2013
Mr. Sanjeev G, Please note Proper Section with subsection of exemption of salary of minister, as per knowledge and study i didn't get solution for salary is exempt in the hand of minister/mp/mla etc.
and sir you saying about 13A, which is denote for ploletical party not for poletion (indivisual), likp mp, mla, parsad all political person get salary and such salary is taxabel in the head of other sources and if such person receive allowances the such allowance is exempt u/s 10(17)
Section 13 A of the Income Tax Act deals with the exempt Income of the Political Parties in India. Section 13A has been inserted in the Income Tax Act 1961 by the Taxation Laws (Amendment) Act 1978 and has come into effect from 1.11.1979.
"Political Pary" for the purpose Section 13A of the Income Tax Act means a political party registered under Section 29A of the Representation of the People’s Act 1951 (43 of 1951).
please...
and sir you saying about 13A, which is denote for ploletical party not for poletion (indivisual), likp mp, mla, parsad all political person get salary and such salary is taxabel in the head of other sources and if such person receive allowances the such allowance is exempt u/s 10(17)
Section 13 A of the Income Tax Act deals with the exempt Income of the Political Parties in India. Section 13A has been inserted in the Income Tax Act 1961 by the Taxation Laws (Amendment) Act 1978 and has come into effect from 1.11.1979.
"Political Pary" for the purpose Section 13A of the Income Tax Act means a political party registered under Section 29A of the Representation of the People’s Act 1951 (43 of 1951).
please...
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