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[Cites 0, Cited by 15] [Section 3] [Entire Act]

Union of India - Subsection

Section 3(1) in Income Tax Rules, 1962

(1)The value of residential accommodation provided by the employer during the previous year shall be determined on the basis provided in the Table below (See page 1.39) :
Sl. No. Circumstances Where accommodation is unfurnished Where accommodation is furnished
(1) (2) (3) (4)
(1) Where the accommodation is provided by theCentral Government or any State Government to the employeeseither holding office or post in connection with the affairs ofthe Union or of such State. License fee determined by the Central Governmentor any State Government in respect of accommodation in accordancewith the rules framed by such Government as reduced by the rentactually paid by the employee. The value of perquisite as determined undercolumn (3) and increased by 10% per annum of the cost offurniture (including television sets, radio sets, refrigerators,other household appliances, air-conditioning plant or equipment)or if such furniture is hired from a third party, the actual hirecharges payable for the same as reduced by any charges paid orpayable for the same by the employee during the previous year.
(2) Where the accommodation is provided by any other employer and-    
(a) where the accommodation is owned by the employer, or (i) 15% of salary in cities havingpopulation exceeding 25 lakhs as per 2001 census;(ii) 10% of salary in cities havingpopulation exceeding 10 lakhs but not exceeding 25 lakhs as per2001 census;(iii) 7.5% of salary in other areas, in respect of the periodduring which the said accommodation was occupied by the employeeduring the previous year as reduced by the rent, if any, actuallypaid by the employee. The value of perquisite as determined under column (3) andincreased by 10% per annum of the cost of furniture (includingtelevision sets, radio sets, refrigerators, other householdappliances, air-conditioning plant or equipment or other similarappliances or gadgets) or if such furniture is hired from a thirdparty, by the actual hire charges payable for the same as reducedby any charges paid or payable for the same by the employeeduring the previous year.
(b) where the accommodation is taken on lease or rent by theemployer. Actual amount of lease rental paid or payable by the employeror 15% of salary whichever is lower as reduced by the rent, ifany, actually paid by the employee. The value of perquisite as determined under column (3) andincreased by 10% per annum of the cost of furniture (includingtelevision sets, radio sets, refrigerators, other householdappliances, air-conditioning plant or equipment or other similarappliances or gadgets) or if such furniture is hired from a thirdparty, by the actual hire charges payable for the same as reducedby any charges paid or payable for the same by the employeeduring the previous year.
(3) Where the accommodation is provided by the employer specifiedin serial number (1) or (2) in a hotel (except where the employeeis provided such accommodation for a period not exceeding inaggregate fifteen days on his transfer from one place toanother). Not applicable 24% of salary paid or payable for the previous year or theactual charges paid or payable to such hotel, which is lower, forthe period during which such accommodation is provided as reducedby the rent, if any, actually paid or payable by the employee:
Provided that nothing contained in this sub-rule shall apply to any accommodation provided to an employee working at a mining site or an on-shore oil exploration site or a project execution site, or a dam site or a power generation site or an off-shore site-
(i)which, being of a temporary nature and having plinth area not exceeding 800 square feet, is located not less than eight kilometres away from the local limits of any municipality or a cantonment board; or
(ii)which is located in a remote area:
Provided further that where on account of his transfer from one place to another, the employee is provided with accommodation at the new place of posting while retaining the accommodation at the other place, the value of perquisite shall be determined with reference to only one such accommodation which has the lower value with reference to the Table above for a period not exceeding 90 days and thereafter the value of perquisite shall be charged for both such accommodations in accordance with the Table.Explanation. - For the purposes of this sub-rule, where the accommodation is provided by the Central Government or any State Government to an employee who is serving on deputation with any body or undertaking under the control of such Government,-
(i)the employer of such an employee shall be deemed to be that body or undertaking where the employee is serving on deputation; and
(ii)the value of perquisite of such an accommodation shall be the amount calculated in accordance with Sl. No. (2)(a) of Table I, as if the accommodation is owned by the employer.