Professional Update Allowance

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A company pays Professional update allowance for scientists/Engineers in the grade of SO/C and above every year from the year 1998-1999 as per the DAE order dated 3rd February, 1999 to enable them to keep themselves up-dated in the field of Nuclear Science and Technology and related fields and widen their horizon. This was further extended with effect from 2002-2003 to the other categories of personnel in the Department who render support functions, for carrying out their role in an effective manner and thereby supporting the sustained excellence of DAE in its science and technological activities. 

It is kindly requested that your expert opinion in this regard for the following doubts may please be offered:
 
1) Whether the above said update allowance is taxable in the hands of
the employees?
 
2) Whether it is exempt under the provisions of the Income Tax
act, if so, the details may be furnished
 
3) Whether this can be classified under any category of Fringe
Benefit tax, and accordingly, whether FBT shall be paid by the employer?
 
4) What are the implications of applying FBT on this expenditure,
if it is taxable in the hands of the employee?
 
Also if anybody could give me the link to the DAE order dated 3rd February, 1999 as mentioned above,i'll be grateful.
 
Please reply as soon as possible.Thanks in advance!!
Replies (6)

Hi Yojana....


I think the above allowance will be exempt to the extent utilised u/s 10(14) which is in nature of special allowance / research allowance..


Regarding FBT...I think it will attract FBT....(BUT NOT SURE ).


FBT is a tax on fringe benefits provided by Employer to Employee...it was introduced because the employers would claim huge amount as an expenditure towards employees (employee cost) and this would decrease the profit and also tax payable...so to plug loophole FBT was introduced...FBT is PAYABLE BY EMPLOYER AND NOT BY EMPLOYEE...

Hey Shekar,

First of all thanks a lot.I do have a doubt though regarding the FBT.Professional Update Allowance could possibly come under section 115WB(E) right?that is employees' welfare.But the explanation under this section states that any expenditure incurred to fulfill any statutory obligation shall not be considered as expenditure for employees' welfare.Isn't professional update Allowance a statutory obligation?Correct me if am wrong.Also is there any possibilty of it to come under any other sub-section of 115WB?I doubt..but do clarify.

Also, I had gone through some of the forums in this site rergarding allowances in general.Most of the members have stated that allowances dont get covered under FBT.Could any of you tell me where exactly it's mentioned in the Act?

Hey Shekar,

First of all thanks a lot.I do have a doubt though regarding the FBT.Professional Update Allowance could possibly come under section 115WB(E) right?that is employees' welfare.But the explanation under this section states that any expenditure incurred to fulfill any statutory obligation shall not be considered as expenditure for employees' welfare.Isn't professional update Allowance a statutory obligation?Correct me if am wrong.Also is there any possibilty of it to come under any other sub-section of 115WB?I doubt..but do clarify.

Also, I had gone through some of the forums in this site rergarding allowances in general.Most of the members have stated that allowances dont get covered under FBT.Could any of you tell me where exactly it's mentioned in the Act?

Hey Shekar,

First of all thanks a lot.I do have a doubt though regarding the FBT.Professional Update Allowance could possibly come under section 115WB(E) right?that is employees' welfare.But the explanation under this section states that any expenditure incurred to fulfill any statutory obligation shall not be considered as expenditure for employees' welfare.Isn't professional update Allowance a statutory obligation?Correct me if am wrong.Also is there any possibilty of it to come under any other sub-section of 115WB?I doubt..but do clarify.

Also, I had gone through some of the forums in this site rergarding allowances in general.Most of the members have stated that allowances dont get covered under FBT.Could any of you tell me where exactly it's mentioned in the Act?

Hey Shekar,

First of all thanks a lot.I do have a doubt though regarding the FBT.Professional Update Allowance could possibly come under section 115WB(E) right?that is employees' welfare.But the explanation under this section states that any expenditure incurred to fulfill any statutory obligation shall not be considered as expenditure for employees' welfare.Isn't professional update Allowance a statutory obligation?Correct me if am wrong.Also is there any possibilty of it to come under any other sub-section of 115WB?I doubt..but do clarify.

Also, I had gone through some of the forums in this site rergarding allowances in general.Most of the members have stated that allowances dont get covered under FBT.Could any of you tell me where exactly it's mentioned in the Act?

Hey Shekar,

First of all thanks a lot.I do have a doubt though regarding the FBT.Professional Update Allowance could possibly come under section 115WB(E) right?that is employees' welfare.But the explanation under this section states that any expenditure incurred to fulfill any statutory obligation shall not be considered as expenditure for employees' welfare.Isn't professional update Allowance a statutory obligation?Correct me if am wrong.Also is there any possibilty of it to come under any other sub-section of 115WB?I doubt..but do clarify.

Also, I had gone through some of the forums in this site rergarding allowances in general.Most of the members have stated that allowances dont get covered under FBT.Could any of you tell me where exactly it's mentioned in the Act?


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