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AURIGA ACCOUNTING PRIVATE LIMITED Income from Salary under Income Tax

Income from Salary under Income Tax

Are You a Salaried Individual Confused About Income from Salary in ITR Filing? You’re Not Alone!

Filing your Income Tax Return (ITR) can feel overwhelming, especially when you’re unsure what exactly qualifies as “Income from Salary” under tax laws. Don’t worry—you’re in good company!

In this guide, we’ll demystify how to calculate income from salary for tax purposes. While most people think of salary as just their monthly paycheck, the Income Tax Act (Section 17) defines it much more broadly. It includes not only your basic pay but also allowances, perquisites, bonuses, and other benefits.

Understanding the components of your salary, your applicable tax slab, and the deductions you’re eligible for is crucial in selecting the right tax regime—and ultimately, in maximizing your savings.

What Is Salary as Defined Under Section 17(1) of the Income Tax Act?

Under Section 17(1) of the Income Tax Act, “salary” encompasses far more than just your monthly paycheck. It includes any payment received by an employee from an employer—whether in cash, kind, or as a benefit. This broad definition covers all forms of compensation earned through employment, such as allowances, bonuses, commissions, perquisites, and even profits in lieu of salary.

What Constitutes Salary for Income Tax Purposes?

Here’s a breakdown of what qualifies as salary when calculating your income for tax purposes:

  1. Basic Salary / Wages
    Payment for services rendered, including basic pay, remuneration, and salary for earned or paid leaves.

  2. Annuity or Pension

    • Annuity received from a current employer is treated as salary.

    • Annuity from a former employer is taxed as profits in lieu of salary.

    • Pensions received post-retirement also fall under this category.

  3. Profits in Lieu of Salary
    Includes:

    • Compensation for job termination or contractual changes

    • Employer contributions to unrecognised provident or superannuation funds

    • Payments from Keyman Insurance policies

    • Payments before joining or after leaving employment

  4. Gratuity
    A lump sum paid by an employer in recognition of long service, governed by the Payment of Gratuity Act, 1972.

  5. Fees and Commissions
    Any additional remuneration such as sales-based commissions or performance-linked incentives.

  6. Perquisites (Perks)
    Non-cash benefits provided by the employer, like:

    • Rent-free accommodation

    • Interest-free or concessional loans

    • Club memberships

    • Educational assistance

    • Insurance premium payments

  7. Advance Salary
    Salary received before it’s due is fully taxable in the year it’s received.

  8. Leave Encashment
    Money paid in exchange for unused leave, whether during employment or after retirement.

  9. Employer’s Contribution to EPF
    Contributions above 12% of your salary or interest earned beyond the notified rate (e.g., 8.25% for FY 2023–24) are taxable.

  10. Transfers from Unrecognised to Recognised Provident Funds
    Any taxable amount from such transfers is treated as salary.

  11. Employer’s Contribution to NPS
    Employer contributions made on your behalf to the National Pension Scheme are also counted as part of your salary income.

Key Components of Salary Under Income Tax

Salary, for income tax purposes, includes more than just your take-home pay. It comprises several elements—each with specific tax treatments. Here’s a breakdown of the major components:


1. Basic Salary

This is the fixed core component of your salary. It forms the basis for calculating other benefits such as House Rent Allowance (HRA) and Provident Fund (PF). It is fully taxable.


2. House Rent Allowance (HRA)

HRA is provided to employees living in rented accommodation and can be partially or fully exempt from tax under certain conditions.

  • You must actually pay rent to claim HRA.

  • Not available under the new tax regime.

  • HRA Exemption Calculation: Least of the following is exempt:

    • Actual HRA received.

    • 50% of basic salary (for metro cities); 40% for non-metros.

    • Rent paid minus 10% of basic salary.

Examples:

  • Ayesha pays rent to her brother with a rental agreement and bank transfers—she can claim HRA, and her brother must report rent as income.

  • Rohan lives in a rented flat in Pune and can claim HRA by submitting rent receipts.


3. Leave Travel Allowance (LTA)

LTA allows tax exemption on travel expenses within India for self and immediate family (spouse, children, parents). Conditions include:

  • Exemption only for travel (not food or lodging).

  • Bills and tickets must be submitted to the employer.

  • Only actual expenses for the shortest route are allowed.

  • Not valid under the new tax regime.


4. Bonus

Any bonus, performance pay, or incentive—regardless of the name—is fully taxable as salary income in the year of receipt.


5. Employee Contribution to Provident Fund (PF)

Both employer and employee contribute 12% of the basic salary towards EPF.

  • Interest earned (currently 8.25%) is tax-free up to notified limits.

  • Withdrawals may attract TDS if PAN is not provided.

  • Excess employer contribution above ₹2.5 lakh/year is taxable.


6. Standard Deduction

This is a flat deduction from your salary income:

  • ₹50,000 under the old regime

  • ₹75,000 under the new regime (as per recent updates)

It helps reduce your taxable salary without requiring proof or documentation.


7. Professional Tax

A state-imposed tax deducted by the employer—up to ₹2,500 per year.

  • Deductible under the old tax regime

  • Not deductible under the new tax regime


By understanding these components and how they’re taxed, you can optimize your tax planning and make informed choices between the old and new tax regimes

Difference Between CTC and Take-Home Salary

When you receive a job offer, the figure that catches your eye is usually the CTC (Cost to Company)—but that’s not what you actually receive in your bank account. The take-home salary is often significantly lower due to deductions and non-cash benefits included in CTC.


What is CTC (Cost to Company)?

CTC refers to the total annual cost a company incurs for an employee. It includes:

  • Basic salary

  • Allowances (like HRA, special allowances)

  • Performance bonuses

  • Employer’s contribution to Provident Fund (PF)

  • Gratuity

  • Medical/health insurance premiums

  • Other perks (such as meal vouchers, cab services)

💡 Important: CTC includes both monetary and non-monetary benefits, some of which you may not directly receive as cash.

Example: CTC Breakdown

CTC ComponentAmount (₹)
Basic Salary3,60,000
House Rent Allowance (HRA)1,20,000
Special Allowance60,000
Performance Bonus60,000
Employer’s PF Contribution43,200
Health Insurance Premium6,000
Total CTC6,49,200

This full amount will be mentioned in your offer letter, but not all of it will come to you as cash.


What is Take-Home Salary?

Take-home salary is the net amount credited to your bank account every month after all mandatory deductions, such as:

  • Employee’s PF contribution (usually 12% of basic salary)

  • TDS (Tax Deducted at Source) based on your tax slab

  • Professional tax (depending on your state)

  • Insurance premium deductions, if applicable

Example: Monthly Calculation

  • Gross Monthly Salary = Basic + HRA + Special Allowance = ₹45,000 approx

  • Less: Employee PF Contribution (12% of Basic) = ₹3,600

  • Less: TDS = ₹1,800 (subject to actual tax calculations)

  • Net Take-Home Salary = ₹39,600

  • Annual Take-Home ≈ ₹39,600 × 12 = ₹4,75,200


Key Differences at a Glance

AspectCTCTake-Home Salary
What it includesTotal cost including all benefitsOnly what is paid after deductions
Employer’s PF/insuranceIncludedNot part of your in-hand income
Variable pay (bonus, etc.)IncludedReflected only if and when paid
PerceptionHigh on paperLower, but real disposable income
PurposeShows company’s full compensation valueReflects actual monthly earnings

Conclusion:
While CTC gives an overall view of your compensation, your take-home salary is what truly matters for budgeting and financial planning. Always review your salary structure carefully to understand what you’ll actually receive each month.

 

Taxability of Retirement Benefits under Salary Income

Retirement benefits form a critical part of your post-employment financial planning. These benefits, while received at the end of your service, often have tax implications that vary depending on the type of benefit and your employment status (government or private sector). Here’s how various retirement benefits are treated under the Income Tax Act:


1. Leave Encashment

What is it?
Leave encashment is the amount received for unused earned leave at the time of retirement or resignation. It is treated as part of your salary income.

Tax Treatment:

  • Government employees: Fully exempt from tax.

  • Private sector employees: Exempt up to the least of the following:

    • 10 months’ average salary (basic + dearness allowance)

    • Actual amount received

    • Salary for unused leave (up to 30 days per year of service)

    • ₹25,00,000 (lifetime limit)

 If leave encashment is received from multiple employers, the combined exemption cannot exceed ₹25,00,000. This rule applies under both old and new tax regimes.


2. Relief on Salary Arrears or Advance (Section 89(1))

When you receive salary in arrears or in advance, it may push you into a higher tax bracket. Section 89(1) provides tax relief to mitigate this additional burden.

Relief Calculation Steps:

  1. Calculate tax on total income including arrears/advance.

  2. Calculate tax on income excluding arrears/advance.

  3. Find the difference (Step 1 – Step 2).

  4. Calculate tax for the year(s) to which the arrears relate — both with and without the arrears.

  5. Find the difference (Step 4 – Step 5).

  6. If Step 3 > Step 5, the excess is the relief under Section 89(1).

 Relief is only applicable if there is a genuine increase in tax liability due to receipt of past dues in a lump sum.


3. Voluntary Retirement Compensation (Section 10(10C))

If you opt for Voluntary Retirement (VRS), the compensation you receive may be eligible for exemption under Section 10(10C).

Key Points:

  • Maximum exemption: ₹5,00,000

  • Applicability: Once in a lifetime, only in the year received

  • Eligible employees: Central/State Government employees, PSUs, local authorities, universities, notified institutions

  • Condition: VRS scheme must comply with Rule 2BA of the Income Tax Rules

  You cannot claim both this exemption and Section 89 relief for the same compensation.


4. Pension: Commuted and Uncommuted

Uncommuted Pension (regular monthly payments):

  • Fully taxable under the head “Salaries”

Commuted Pension (lump-sum):

  • Government employees: Fully exempt

  • Non-government employees:

    • If gratuity received: 1/3rd exempt

    • If no gratuity received: 1/2 exempt


5. Family Pension

Pension received by a deceased employee’s family member is taxed under “Income from Other Sources”.

Tax Treatment:

  • Monthly pension: Exemption up to ₹15,000 or 1/3rd of the pension, whichever is lower

  • Lump-sum family pension: Fully exempt

  • Armed forces or UN pension: Fully exempt for family members

Under the new tax regime: A deduction of 1/3rd of the pension received is allowed, up to ₹25,000.


6. Gratuity

Gratuity is a lump-sum benefit given by an employer upon retirement or resignation after at least five years of continuous service.

For Government Employees:

  • Fully exempt from tax

For Non-Government Employees:
Tax exemption depends on whether the employer is covered under the Payment of Gratuity Act:

If Covered under the Act:

Exempt amount is the least of:

  • 15 days’ salary for each completed year of service (more than 6 months = full year)

  • ₹20,00,000 (maximum exemption limit)

  • Actual gratuity received

If Not Covered under the Act:

Exempt amount is the least of:

  • ½ month’s average salary (last 10 months) per completed year of service

  • ₹20,00,000 (maximum exemption limit)

  • Actual gratuity received

Example: If you’ve worked for 14 years and 9 months, it counts as 14 years. Salary is calculated based on the average of the last 10 months before retirement.


Summary Table: Taxability of Key Retirement Benefits

Benefit

Taxability

Leave Encashment (Govt)

Fully exempt

Leave Encashment (Private)

Exempt up to ₹25,00,000 based on conditions

Arrears/Advance Salary

Relief available under Section 89(1)

VRS Compensation

Exempt up to ₹5,00,000 under Section 10(10C), once in a lifetime

Uncommuted Pension

Fully taxable

Commuted Pension (Govt)

Fully exempt

Commuted Pension (Private)

Partially exempt based on gratuity receipt

Family Pension

Partially exempt under “Other Sources”; fully exempt for armed forces/UN cases

Gratuity (Govt)

Fully exempt

Gratuity (Private)

Exempt up to ₹20,00,000, subject to eligibility and conditions

Understanding Salary Income and Other Taxable Income Sources

When calculating your income tax, it’s important to know that your total taxable income isn’t limited to just your salary. The Income Tax Act categorizes income under five distinct heads, and all of them contribute to your gross total income. Let’s explore each one.


1. Income from Salary

This includes any compensation received from an employer in exchange for your services. It typically covers:

  • Basic salary

  • Allowances (e.g., HRA, travel)

  • Bonuses

  • Perquisites (e.g., company car, rent-free accommodation)

This is usually the primary income source for most employees.


2. Income from House Property

This head covers income from property you own:

  • Rented property: Rental income is taxable after allowing standard deductions (30% of net annual value).

  • Self-occupied property: Considered a ‘nil’ income unless a home loan is involved, in which case interest on the loan may be claimed as a deduction.


3. Income from Business or Profession

If you’re self-employed, a freelancer, or run your own business, your profits or losses fall under this category.

  • Business owners: Profit from operations

  • Professionals: Income from services (e.g., doctors, consultants)

  • Freelancers: Income from gig work or contracts


4. Income from Capital Gains

This refers to profits from the sale of capital assets such as:

  • Real estate

  • Stocks and mutual funds

  • Gold or jewellery

  • Bonds or other investments

Capital gains are classified into short-term or long-term, each taxed differently based on the type of asset and holding period.


5. Income from Other Sources

Any income that doesn’t fit into the above categories is taxed under this head. Examples include:

  • Interest from savings accounts and fixed deposits

  • Dividend income

  • Lottery or betting winnings

  • Gifts (above the exemption threshold)

    Calculating Taxable Income

    Your Gross Total Income = Income from all five heads

    Taxable Income = Gross Total Income – Deductions (under Chapter VI-A, such as 80C, 80D, etc.)

    Tax is then calculated on this taxable income as per the applicable regime and rates.

Income Tax Rates for FY 2024–25 (For Individuals Below 60 Years)

Old Tax Regime

Income Slab

Tax Rate

Up to ₹2,50,000

Nil

₹2,50,001 – ₹5,00,000

5%

₹5,00,001 – ₹10,00,000

20%

Above ₹10,00,000

30%

 

🧾 New Tax Regime

Income Slab

Tax Rate

Up to ₹3,00,000

Nil

₹3,00,001 – ₹7,00,000

5%

₹7,00,001 – ₹10,00,000

10%

₹10,00,001 – ₹12,00,000

15%

₹12,00,001 – ₹15,00,000

20%

Above ₹15,00,000

30%

 

Cess: An additional 4% Health and Education Cess is levied on the total tax payable.


Basic Exemption Limits for Senior Citizens (Old Regime Only)

Age Category

Exemption Limit

60 – 79 years (Senior Citizen)

₹3,00,000

80 years and above (Super Senior Citizen)

₹5,00,000

 

TDS on Salary and Other Income

TDS (Tax Deducted at Source) is the amount your employer deducts from your monthly salary based on your projected annual tax liability. This is deposited directly with the Income Tax Department.

  • Your employer will issue Form 16 annually, usually by June or July.

  • It serves as proof of tax deducted and helps you file your return.

Bank TDS on Fixed Deposits:

  • Standard TDS rate: 10% (if PAN is provided)

  • Without PAN: 20% TDS applies

    Understanding Form 16

    Form 16 is a certificate issued by your employer detailing the TDS deducted on your salary.

    It consists of two parts:

    • Part A: Contains PAN/TAN of employer and employee, summary of TDS deposited

    • Part B: Shows detailed salary breakup, deductions claimed, and final tax computation


    To simplify tax filing and estimate your refunds or dues, you can use platforms like ClearTax or the official Income Tax portal.

    What is Form 26AS?

    Form 26AS is a consolidated tax statement issued by the Income Tax Department, which summarizes all tax-related information associated with your PAN. It includes:

    • TDS (Tax Deducted at Source): Deducted by employers, banks, or other institutions on your behalf.

    • TCS (Tax Collected at Source): If applicable, on specific transactions.

    • Advance tax and self-assessment tax paid directly by you.

    • Refunds issued to you during the financial year.

    This form helps ensure that the tax deducted or paid is correctly credited to your account and matches your income tax return.


    What is the Annual Information Statement (AIS)?

    The Annual Information Statement (AIS) offers a detailed snapshot of your financial activity, as reported to the Income Tax Department from various sources. It is broader in scope than Form 26AS and includes:

    • Salary income

    • Interest from savings accounts, fixed deposits, and recurring deposits

    • Capital gains from sale of mutual funds or shares

    • Sale or purchase of immovable property

    • Investment in FDs, mutual funds, stocks, etc.

    • Foreign remittances

    • High-value cash deposits (over ₹10 lakhs in a year)

    • Credit card payments exceeding ₹10 lakhs per year

    • Tax payments (advance tax, self-assessment tax)

    • Tax refunds

    Note: You should always cross-verify the details in Form 26AS and AIS with your own records before filing your Income Tax Return (ITR). Any mismatch can lead to delays in refunds or even scrutiny notices.


    Tax Deductions: Reduce Your Taxable Income

    One of the most effective ways to lower your tax liability is by claiming eligible deductions under the Income Tax Act.

    Key Deduction Sections:

    • Section 80C: Investments in PPF, EPF, ELSS, life insurance premiums, principal repayment on home loan, etc. (Limit: ₹1.5 lakh)

    • Section 80D: Health insurance premiums for self and family

    • Section 80E: Interest on education loans

    • Section 80GG: Rent paid (if HRA is not received)

    • Section 80U: For individuals with disabilities

    By utilizing these deductions, you can significantly reduce your taxable income, thus lowering your overall tax liability.

How is Salary Income Taxed?

1. Basis of Taxation – Section 15 of the Income Tax Act

Under Section 15, salary is taxable based on “due or receipt,” whichever is earlier. This means salary income becomes taxable in the following scenarios:

  • When received in advance: Taxed even if not yet due.

  • When it becomes due: Taxed whether actually paid or not.

  • When arrears are received: Even if salary was for previous years and wasn’t taxed earlier, it is taxable in the year of receipt.


2. Place of Accrual – Where Is Salary Taxed?

The place where services are rendered determines whether salary is taxable in India.

a. Services Performed in India

  • Salary is taxable in India regardless of where it is paid or the employee’s residential status.

b. Residential Status Matters

  • Residents are taxed on their global income, including salary earned abroad.

  • Non-residents are taxed only on salary that is earned or received in India.

c. Paid Abroad, Work Done in India

  • If a non-resident is paid outside India for services performed in India, the salary is still taxable in India.


3. Double Taxation Relief – DTAA

India has Double Taxation Avoidance Agreements (DTAAs) with many countries. If applicable, DTAA provisions can override domestic tax laws, helping prevent the same income from being taxed in two countries.

 Always check if DTAA benefits apply when working across borders to avoid double taxation.

About the Author

Muskan

Muskan is a skilled legal content writer known for simplifying complex legal and tax concepts into practical, easy-to-understand insights. Her work helps entrepreneurs and professionals confidently navigate the legal landscape, making informed decisions while managing and growing their businesses

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