87. Rule 2A prescribes the quantum of exemption
available, which will be the least of the following :
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Bombay/Calcutta/Delhi/Madras |
Other Cities |
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n Allowance actually received |
n Allowance actually received |
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n Rent paid in excess of 10% of
salary |
n Rent paid in excess of 10% of
salary |
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n 50 per cent of salary |
n 40 per cent of salary |
‘Salary’
for this purpose includes basic salary as well as dearness allowance if the
terms of employment so provide. It also includes commission based on a fixed
percentage of turnover achieved by an employee as per terms of contract of
employment but excludes all other allowances and perquisites. In view of Explanation
(ii) to rule 2A, basic pay, dearness allowance and commission
are determined on ‘due’ basis in respect of the period during which rental
accommodation is occupied by the employee in the previous year. Thus,
emoluments of a period other than previous year are not to be considered, even
though such amount is received (as well as taxed) during the previous year.
Again, emoluments of the period during which rental accommodation is not
occupied in the previous year are left out of computation. It is important to
note that where rent paid is 10 per cent or less than 10 per cent of salary, no
exemption will be admissible. Again exemption is denied where an employee lives
in his own house, or in a house for which he does not pay rent.
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Supported by :
http://www.taxmann.net |
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