LTA Claim

Dear Friends,

I have one more doubt to discuss.

An employer rejects it's employee's claim papers on LTA who opted exemption for that financial year and deducted TDS on the claim to be settled only for the reason that the bill/receipt paid for such travel does not bear service tax registration no. of the travel agency to whom he undergone travel.

Is his (Employer's) contention right?

What my opinion is, the contention taken by the employer is not justified because:-

(1) Travel Agencies whose gross receipts does not exceed Rs.8.00 Lakhs per annum
    need not pay service tax, hence registration under service tax is at the option
    of the travel agency;

(2) It is not the duty and responsibility of the employee to investigate whether the
    travel agency is required to register under service tax;

(3) An employee cannot be compelled to plan his travel with a travel agency who have
    registered under service tax;

(4) If the travel agency do not register with service tax eventhough they are required
    to do so, the risk lies not on the part of the employee, but on the travel agency
    who had defaulted.

Considering the above, an employee cannot be deducted TDS against his claim on LTA.

Kindly provide your valuable suggestions and feed back and if there is any case law
for this issue, kindly send to my e-mail ID: jeyen110 @ sancharnet.in

Regards
S.Jeyendran

Replies (3)
LTC EXEMPTION FROM GROSS SALARY MUST SATISFY FOLLOWING:(a)Journeys to any place of India actually undertaken by Individual & his/her family. .(b) Individual must proceed on leave during journey period.(c)exemption is available to individual,Spouse,children,dependent parents,brothers & sisters.(c)Journey expenditure of family restricted to AC 1ST CLASS based on actual proof of journey.






Service tax Registration lies on the part of service provider.There is no role of individual-tax payee enforcing Registration formality.Income Tax Act does not stipulate this factor inter alia in section.
Thanks. well analysis
Dear,This is right ,Company have given LTC . u can book your ticket with any travel agent.this is individuals headache to pay with or without ser,tax.As an employer ,u have to seetravel in 1)leave period taken by employee.2)entiitlement of employee Train/bus/national Aircareer.

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