CiteTEXT
...perquisite. Personal long distance calls on telephone and use of car for private purpose shall be billed by the company."
The assessee was provided with a company owned car, but instead of...in the table below:
Value of perquisite per calendar month.
Where the h.p. rating of the car does not exceed 16 or the cubic capacity of the engine does not exceed...car shall not be considered as perquisite. In such a situation, as provided in rule 3(c)(ii), the value of car perquisite is to be taken at Rs. 300 per month and Rs. 150 per...
...salary and not the total conveyance allowance.(c) Car perquisite should not be a determined in accordance with rule 3 of the Income-tax Rules, 1962.2. Whether, on the facts...
...from these concerns. The ITO during the course of assessment proceedings noticed that the company while issu-ing salary certificate, had not included the value of car perquisite. The assessee was not...having his own car but he was provided with a car by the said companies. Thus the ITO valued the perquisite in accordance with Rule 3(c)(vi ) of the Income-tax Rules, 1962 ("the...provided the car for the use of the assessee exclusively for his private or personal purposes also and as such the value of the perquisite was wrongly added in the hands of the assessee at Rs. 5,400...
...perquisite. The assessee was not having his own car but he was provided with a car by the said companies. Thus the Income-tax Officer valued the perquisite in accordance with therule3(c...perquisite in the salary certificates issued to the assessee. Thus he was of the view that the assessee was provided by the employer the use of the car exclusively for this private or personal purposes...was correct in making the addition of Rs.5,400 towards the value of car perquisite. He further held that the Income-tax Officer was justified in restricting standard deduction to Rs.1,000 under...
...standard deduction under section 16 (1) of the Income-tax Act, 1961. According to the ITO, both these assessees were provided a car perquisite by the employer and therefore, the...stated that the value of pooled car facility as a perquisite was Rs. 300 in case of E.E.E. Bateman and Rs. 236 in the case of G.R. Anderson. If the car was used only to transport the employees to the.... At the hearing before us the learned counsel for the assessees contended that a car was provided to these two employees only for the purpose of journey from the place of their stay to the place of...
...considered as perquisite. Personal long distance calls on telephone and use of car for private purpose shall be billed by the company."The assessee was provided with a company owned car...:provided that where a chauffeur is also provided to run the motor-car, the value of the perquisite as calculated in accordance with this table shall be inc...question of any perquisite to the assessee and that is why it is clarified in the Circular that to that extent the provision of a car shall not be considered as perquisite. In such a situation, as...
...appeal. When the matter came up in reference before the High Court, it was held that it would lead to a very anomalous situation if the value of the perquisite of the car provided by the assessee company...perquisite of free car, therefore, provided to the employees in the instant case would be Rs. 150/- per month per employee in accordance with Rule 3(c)(ii) and the disallowance.... Britannia Biscuit Co. Ltd . 1981 6 Taxman 152., with which we respectfully concur. The Appellate Assistant Commissioner in that case held that the value of the perquisite of free...
...taxability of the perquisite value in respect of a car as also the reduction in the claim on account of standard deduction to Rs. 1,000.
2. Before I proceed further it would be necessary on...) for asst. yrs. 1980-81, 1981-82, 1982-83 and 1983-84 deleting the addition on account of car perquisite. It was submitted that an identical addition had been deleted by the first appellate authority...and no mention was made of any perquisite in respect of the use of companys car for private purposes. It was canvassed that perquisite meant something which was permitted and authorised by the employer...
...Tribunal an identical issue, namely, the taxability of the perquisite value in respect of a car as also the reduction in the claim on account of standard deduction to Rs. 1,000.2. Before I...-84 deleting the addition on account of car perquisite. It was submitted that an identical addition had been deleted by the first appellate authority in the aforesaid preceding assessment years...respect of the use of company’s car for private purposes. It was canvassed that perquisite meant something which was permitted and authorised by the employer to the employee and something which had been...
..., which is a limited company, claimed that the value of the perquisite of free car provided to the employees should be worked out under r. 6D of the I.T Rules, 1962.4. The ITO, however, did...not agree with the assessee-company and, instead, held that the value of the perquisite of the free car provided to employees should be 50 per cent of the expenditure on running and maintenance of...that the value of the perquisite of the free car provided to the employee had been arbitrarily taken by the ITO at 50 per cent of the actual expenditure on running and maintenance of the car for which...
...personal use of the car by the directors amounted to an amenity or perquisite by the assessee-company. Commer-cial expediency required that the company should provide the car to the directors for better...similar car perquisite was involved and it was considered as a perquisite by the High Court, the High Court had occasion to consider the assessment of the company as regards such benefit in the...the assessment year 1979-80 ended on 31-12-1978. The assessee filed return of income for the assess-ment year 1979-80 and thereby made claims, inter alia, for motor car maintenance expenses amounting...
...section 16(i) of the Income-tax Act, 1961, which clearly showed that he had been provided with conveyance by the company. He calculated the perquisite value o...Rs. 5,587.4. The Appellate Assistant Commissioner considered the facts and was of the view that the perquisite value of the use of the car could be taken at Rs. 3,000 and allowed a...Limited (ITA No. 352 of 1979 dated June 30, 1980), held that the company had not authorised the directors to use the company's car for their personal purposes and, therefore, it was not a perquisite within...
...Company's car by the Director was a perquisite or benefit within the meaning of Section 2(24) of the Act and assessable to income of the assessee. The assessee was an HUF. Karta of the HUF was the...-charging of interest on the debit balance in the running account of the directors would not constitute a perquisite?”The High Court answered both the questions in the...Directors and non-chargeable interest on the debit balance in the running account would not amount to providing perquisite. The Appellate Tribunal also observed that the Taxation Laws (Amendment) Act, 1984...
...CIT v. Britannia Biscuit Co. Ltd. [1981] 6 Taxman 152 , with which we respectfully concur. The AAC in that case held that the value of the perquisite of free car provided to an employee...anomalous situation if the value of the perquisite of the car provided by the assessee-company to the employees was, in view of rule 3(c)(ii ), taken at Rs. 150 per month for the purpose of assessment of the...receives. The value of the perquisite of free car, therefore, provided to the employees in the instant case would be Rs. 150 per month per employee in accordance with rule 3(c)( ii) and the...
...
the hands of Mr.
Ishigaki
Car perquisite -
Sub-total 32,11,161...
Actual rent paid
Membership fees
92,622
Actual Membership fees paid
Car perquisite
7,61,894...
1,996,226
Perquisite:
Medical Allowance
31,036
19,362...
...company has paid fringe benefit tax on the same. Accordingly, the same is not taxable in the hands of Mr. Ishigaki
Car perquisite
-
Sub...
Actual membership fees paid
Car perquisite
7,61,894
Actual car running and maintenance expenses
Sub-total...
9,25,292
Tax grossed up
20,91,781
19,96,226
Perquisite...
...
the hands of Mr.
Ishigaki
Car perquisite -
Sub-total 32,11,161...
Actual rent paid
Membership fees
92,622
Actual Membership fees paid
Car perquisite
7,61,894...
1,996,226
Perquisite:
Medical Allowance
31,036
19,362...
...account of accommodation perquisite under section 40A(5) at a figure which was more than the figure worked out by the assessee by Rs. 2,37,931. Regarding the car perquisite, the assessee claimed that the...both in respect of the accommodation perquisite and the car perquisite for the purpose of determining the amount to be disallowed under section 40A(5). The Commissioner (Appeals) did not agree on the...his contention. As an alternative argument regarding the valuation of the car perquisite, he pointed out that the expenses attributable to the use of the cars by the employees for non-business...
...three assessment years relates to disallowance of car perquisite under s. 40A(5).
7. The AO noted that the assessee had offered certain amounts as disallowable under s. 40A(5). He...also observed that the said amounts had been calculated by treating cash allowance as part of salary and by treating the perquisite value of car as per r. 3(c) of the IT Rules. The AO however, declined...the claim of the assessee for working out value of perquisite for car with reference to the IT Rules and observed that the said Rules were meant for quantifying perquisite for the assessment of...
...value of the perquisite of the free car provided by the assessee-company to its employees should be worked out at Rs. 150 per month in respect of each employee to whom the free use of the assessee's...car was provided. The value of the perquisite of the free car provided to the employees for the purposes of assessment, under the head “salary” was computed at. Rs. 150 per month in accordance with the...what part of the expenditure could be attributable to the perquisite in the form of free use of the car which was also used for business purposes. This apportionment in respect of the use of the car...