Abhiram Kashyap (3 Points)
01 December 2018Does the Driver allowance of INR 11,000 per month given to an employee in a non-metro city for both personal and official purposes to drive employee's own car, considered as perquisites?.
Note: The mainainace cost of employee's car is not born by the employer.
Z
( )
(2960 Points)
Replied 01 December 2018
Yes, it shall.
Specific provision is in respect of "running and maintenance charges".
Abhiram Kashyap
(3 Points)
Replied 01 December 2018
The confusion I'm having is, the provision says maintenance with driver and maintenance without the driver. However, in our case employee only maintains his car but we will reimburse his driver's salary alone and we will not be having any other bills for the same. So still can we take this as a prerequisite?
Z
( )
(2960 Points)
Replied 01 December 2018
Since the specific provision is in respect of "running and maintenance charges" which specifically includes the "chauffeur's remuneration", the amount must be considered in the perqs. When the chauffeur's remuneration is included in the running and maintenance charges, it becomes a part of running and maintenance charges.
Further, the phrase used in the sub-rule is-
"Subject to the provisions of clause (B) of this sub-rule, the actual amount of expenditure incurred by the employer as reduced by the amount specified in Sl. No. (1)(c)(i) above."
If the employer is paying the remuneration to the driver/chauffeur then this is definitely the expenditure incurred by the employer. The sub rule has not used any phrase other than the expenditure incurred by the employer. Nor did it made any distinction between running and maintenance charges or chauffeur remuneration. Since chauffeur remuneration is an expenditure incurred by the employer the same is to be considered for the purpose of the computation of the perquisite u/ Rule 3.
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