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Microlesson · 5-min read

Valuation of Domestic Servants, Gas/Electricity/Water [Rule 3(3) & 3(4)]

## Valuation of Domestic Servants [Rule 3(3)] and Gas/Electricity/Water [Rule 3(4)]

The central distinction in both perquisites is who engages/contracts the service, because that decides which employees are taxed.

### Domestic Servants [Rule 3(3)]

Who engages the servant?Taxable forGross Perquisite Value
Employee engages, employer pays/reimburses wagesAll employeesActual amount reimbursed
Employer engages and provides service to employeeSpecified employees onlyActual salary cost incurred by employer

Any amount recovered from the employee is deducted.

### Gas, Electricity or Water [Rule 3(4)]

Taxability — depends on whose name the connection is in:

  • Connection in the employee's name, employer reimburses → perquisite for all employees.
  • Service provided in the employer's name → perquisite for specified employees only.

Value of benefit:

SourceGross Perquisite Value
Employer pays an outside agencyAmount paid by the employer
Supplied from employer's own resourcesManufacturing cost per unit incurred by the employer

Any amount recovered from the employee is deducted.

### The unifying principle

Whenever the employee contracts the service and the employer merely foots the bill (reimbursement), it is taxed in all employees' hands. Whenever the employer contracts and provides the facility, it is a perquisite only for specified employees.

Worked example

### Example 1

Domestic servant — employer engages: Employer hires a gardener at ₹4,000 p.m. and provides services to a specified employee; ₹500 p.m. recovered.

Gross value = ₹4,000 × 12 = ₹48,000; less recovery ₹500 × 12 = ₹6,000 → Taxable ₹42,000 (specified employees only).

### Example 2

Electricity from own resources: Employer supplies electricity to the employee from its own power plant; manufacturing cost = ₹3 per unit; 5,000 units consumed in the year. Connection in employer's name.

Perquisite = 5,000 × ₹3 = ₹15,000 (taxable for specified employees).

⚠️ Common exam mistakes

  • Confusing the two taxability tests — the trigger is who engages/contracts the service, not who pays.
  • Valuing employer-owned-resource supply at the market rate instead of the manufacturing cost per unit.
  • Forgetting to deduct the amount recovered from the employee.
Reference: Rule 3(3) and Rule 3(4) — Income-tax Rules, 1962
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