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Microlesson · 5-min read

Gifts and Perquisites by Employer to Employee

# Gifts and Perquisites — Employer to Employee

Employer-to-employee transactions sit at the intersection of Schedule-I (deemed supply between related persons) and Schedule-III (employer-employee services not a supply). Specific rules govern gifts.

## Gift Threshold — ₹ 50,000 per Employee per Financial Year

Value of Gifts in a FYTreatment
Up to ₹ 50,000Not treated as supply
More than ₹ 50,000Treated as supply under Schedule-I Para (2) — only if business asset on which ITC was availed is gifted; otherwise not a supply

## Perquisites vs Gifts

Any perquisite or incentive provided as per the employment contract is not a gift:

  • Production bonus, sales bonus etc. given under contract → not a gift, hence outside the Schedule-I gift carve-out.
  • These are part of services in the employer-employee relationship → covered under Schedule-III (not a supply).

## Practical Rule of Thumb

  • Contractual perquisite → Schedule-III → Not a supply (regardless of value).
  • Voluntary gift up to ₹ 50,000/year → Not a supply.
  • Voluntary gift above ₹ 50,000 → Supply only if business asset with ITC.

Worked example

### Example 1

Q. Employer gifts a watch worth ₹ 40,000 to an employee on his retirement. ITC was availed at purchase. Supply?

A. Value within ₹ 50,000 threshold for the FY → not a supply.

### Example 2

Q. Employer gifts a laptop worth ₹ 80,000 to an employee. ITC was availed on the laptop. Supply?

A. Value exceeds ₹ 50,000; ITC was availed on the business asset → Schedule-I Para (1) read with Para (2) — treated as supply.

### Example 3

Q. Employer pays a contractual production bonus of ₹ 1,00,000 to an employee. Supply?

A. Contractual perquisite → not a gift → covered by Schedule-III (employer-employee services). Not a supply.

⚠️ Common exam mistakes

  • Applying the ₹ 50,000 threshold to contractual perquisites — the threshold is only for gifts.
  • Treating any gift above ₹ 50,000 as supply, ignoring the additional requirement of ITC having been availed on the asset.
  • Computing the ₹ 50,000 limit per transaction rather than per employee per financial year.
Bare-Act text Schedule-I, Para 2 (Proviso) · CGST Act, 2017 · click to expand
Proviso to Para 2 of Schedule-I, CGST Act: Provided that gifts not exceeding fifty thousand rupees in value in a financial year by an employer to an employee shall not be treated as supply of goods or services or both.
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