SEC 10(10CC) - TAX PAID BY EMPLOYER ON NON-MONETARY PERQUISITE UNDER SECTION 194 1A

EMPLOYER HAS PAID TAX UNDER SECTION 194 1A ON NON-CASH PERQUSITES VALUE DERIVED FOR PROVIDING ACCOMODATION, CONCESSIONAL LOAN & USE OF MOVABLE ASSET TO EMPLOYEE.

THE AMOUNT OF NON-CASH PERQUSITES IS ALREADY DECLARED ON FORM 16 (PART B) UNDER GROSS SALARY (ITEM 1B -VALUE OF PERQUISITES UNDER SECTION 17 (2)

 

QUESTION: WHETHER THE TOTAL AMOUNT OF NON-CASH PERQUSITES AMOUNT (ACCOMODATION, CONCESSIONAL LOAN & USE OF MOVABLE ASSET) CAN BE CLAIMED UNDER SECTION 10 WHILING FILING ITR & CLAIM REFUND OF TAX PAID BY EMPLOYER UNDER SECTION 194 1A (TAX REPORTED TO EMPLOYEE PAN AS PER FORM 16 PART A)

Replies (2)
Quick Summary
This discussion explores whether an employee can claim a refund for tax paid by their employer under Section 194 1A on non-cash perquisites like accommodation or loans. The tax was paid on benefits already declared in Form 16. However, the consensus is that a refund is unlikely as the employee has not personally paid tax on this income, and the benefit itself is not considered the employee's income for refund purposes.

KINDY READ SECTION 194 1A AS "192 1A"

First, understand that the refund is applicable only if it has been deducted from your income & this tax is paid by your employer. This is not considered as income  of employees by the law so how you can claim in your return when you didn't paid any tax on your income.

 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register