95. Rule 2B prescribes the conditions as well as quantum
of exemption, which are as follows :
Conditions to be satisfied - Conditions to be satisfied are
as under :
u The exemption is admissible on the value of any travel
concession or assistance received by or due to an assessee from his employer or
former employer, as the case may be, for himself and his family, in connection with
his proceeding (i) on leave
to any place in India, or (ii) to any place in India after the
retirement from service, or (iii) to any place in India after the
termination of his service.
u The exemption is admissible
in respect of actual expenditure incurred for journeys performed, not only by the
assessee but also by his family.
For
this purpose, ‘family’ means (i) the spouse
and children of the assessee, and (ii) the parents,
brothers and sisters of the assessee provided that they are wholly or mainly dependent
on the assessee. With effect from 1-10-1997, the Central Civil Service Leave Travel
Concession Rules have been amended in this respect.
u The exemption can be availed
only in respect of two journeys performed in a block
of four calendar years. For this purpose, the first four-year block commenced
with the calendar year 1986. Thus, the four-year blocks will be 1986-89, 1990-93,
1994-97, 1998-2001, 2002-05 and so on.
u If an assessee has not availed travel concession or assistance
during any of the specified four-year block periods on one of the two permitted
occasions, or on both occasions, exemption can be claimed provided he avails the
concession or assistance in the calendar year immediately following that block.
This is popularly known as the ‘carry-over’ concession. In such cases, the exemption
so availed will not be counted for purposes of regulating the future exemptions
allowable for the succeeding block of four years.
Quantum of exemption.—The basic rule
is that the quantum of exemption will be limited to the actual expenses incurred
on the journey. This pre-supposes that, without performing any journey and incurring
expenses thereon, no exemption can be claimed.
In
addition to the above general limitation, the quantum of exemption will also be
subject to the following maximum limits, depending upon the mode of transport used
or available:
|
journeys performed on or after 1-10-1997 |
|
|
n For journeys
performed by Air |
n Air economy
fare of the national carrier (Indian Airlines or Air |
|
n Where place
of origin of journey and destination are connected by rail and the journey is
performed by any mode of transport other than by air |
n Air-conditioned
first class rail fare by the shortest route to the place of destination. |
|
n Where place
of origin of journey and destination or part thereof are not connected by rail |
n (i) Where a recognised
public transport system exists, the first class or deluxe class fare on such transport
by the shortest route to the place of destination. |
|
|
(ii) Where
no recognised public transport system exists, the air-conditioned
first class rail fare, for the distance of the journey by the shortest route,
as if the journey has been performed by rail. |
Restricted concession for
children.—Under sub-rule (4) of rule 2B, inserted with effect from 1-10-1997,
exemption on travel concession will not be admissible to more than two surviving
children of an individual born after 1-10-1998. This restriction will not however
apply in respect of children born before 1-10-1998, and also in cases where an individual,
after getting one child, begets multiple children (twins/triplets/quadruplets, etc.)
on the second occasion. The implications of this restriction will be as follows :
u In respect of journeys
performed on or before 1-10-1998 exemption will be admissible in respect of all
the surviving children of the individual.
u In respect of journeys
performed after 1-10-1998
- the exemption will be
admissible to all surviving children born before 1-10-1998;
- in addition, the exemption
will be admissible to only two surviving children born on or after 1-10-1998. In
reckoning this limit of two children, children born out of multiple birth after the first child will be treated as ‘one child’ only.
It may be noted that section 2(15B) of the
Act defines a ‘child’ as includes ‘a step-child and an adopted child of the individual’.
Hence the aforesaid restrictions will operate in respect of step-children and adopted
children also provided they are born on or after 1-10-1998.
|
Supported by :
http://www.taxmann.net |
|
|