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Microlesson · 5-min read

Introduction & Charging Principles of Salary Income

# Salaries – Introduction and Charging Principles

## Structure of the head 'Salaries'

Income under 'Salaries' is built from three components:

1. Charging Section (Sec 15) – salary chargeable on due/receipt basis.

2. Meaning (Sec 17) – Salary, Perquisite, Profits in lieu of salary.

3. Deductions (Sec 16) – Standard deduction, Entertainment allowance, Professional tax.

## Pre-condition: Employer–Employee relationship

  • Only payments made by an employer to an employee for services rendered are taxable as salary.
  • The relationship of employer and employee must exist — without it, income cannot be charged under 'Salaries' (e.g., a professional's fee is business income, not salary).
  • Applies whether employment is full-time or part-time.

## Key concepts

### 1. Forgoing of salary

Once salary has accrued, waiving or instructing the employer to donate it does not relieve the employee from tax. It is taxed first; the donation is a separate application of income.

### 2. Surrender of salary

Salary surrendered to the Central Government under the Voluntary Surrender of Salaries (Exemption from Taxation) Act, 1961 is exempt from tax.

> Contrast: Forgoing = taxable; Surrender under the 1961 Act = exempt.

### 3. Salary paid tax-free

  • If the employer pays the tax on the employee's salary, the employee's income includes both the salary and the tax paid (the tax borne is itself a taxable benefit).
  • Exception: Income-tax paid by the employer on non-monetary perquisites is exempt under Section 10(10CC).

### 4. Place of accrual & Section 9(1)

  • Pension and leave salary paid abroad for services rendered in India is deemed to accrue in India.
  • Government salary to an Indian citizen for services outside India is deemed to accrue in India.

Worked example

### Example 1

Forgoing: Mr. A instructs his employer not to pay him April 2024 salary and to donate it to a charitable institution. The salary has already accrued, so it is fully taxable in Mr. A's hands; the donation is treated separately (and may qualify for deduction under Chapter VI-A).

### Example 2

Tax-free salary: An employer pays Mr. B a salary of ₹10,00,000 and also bears his income tax of ₹1,00,000. Mr. B's taxable salary is ₹11,00,000 (salary + tax borne). However, if the employer instead pays tax of ₹40,000 on Mr. B's non-monetary perquisites, that ₹40,000 is exempt u/s 10(10CC).

⚠️ Common exam mistakes

  • Confusing 'forgoing' (taxable) with 'surrender under the 1961 Act' (exempt).
  • Excluding employer-borne tax on monetary salary — it is a taxable benefit (only tax on non-monetary perquisites is exempt u/s 10(10CC)).
  • Charging a payment as salary where no employer-employee relationship exists.
  • Forgetting that salary is taxed on due or receipt basis, whichever is earlier.
Reference:
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