Sec. 17 (2) perquisites

I am working in a Autonomous BOdy under the Government of INdia, Ministry of Shipping.  My office has provided me residential quarters which is fully owned by my office.  As I am staying in quarters, I am not not paid any HRA and Rs.1835 is also being deducted from my salary towards licence fee.  In the form 16 issued for the FY 20-21 I noticed that an amount of Rs.117000 has been added as income under 17 (2) as perquisites.  On enquiry with my employer, I am told that since our office is not a Central/State Govt department, the amount equivalent to 15% of salary has to be treated as perquisites for availing Residential Quarters accommodation in terms of Rule 3 (1) of Income Tax Rules.  

In my opinion, my office has not provided any rent free accommodation, in the sense that the HRA which I am otherwise eligible if I do not stay in quarters, is not paid to me and also the licence fees is deducted from salary.  If this being so, adding 15% of salary under income head  as perquisite, is not correct and would amount to double taxation. 

Can any one please clarify on this point.  How to solve this problem. I approached Income Tax department who have said that they can do nothing on this and I have to take up with my employer only.  

 

Pl help me with clarification on the above point.  I need this urgent as I have to file my ITR.

 

 

Replies (2)
Quick Summary
An individual working for an Autonomous Body under the Ministry of Shipping, Government of India, is questioning the addition of Rs. 117,000 as perquisites under Section 17(2) of their Form 16. Despite not receiving HRA and having licence fees deducted from their salary for government-provided accommodation, their employer states that 15% of their salary is taxable as perquisites. The individual believes this constitutes double taxation and seeks clarification on how to resolve this issue before filing their Income Tax Return.

What license fee is deducting from your salary?

The license fee is more like maintenance charges for the accommodation provided.  It is used to be charged for using  government  quarters

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