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Income
under the head of Salaries :
Profits
in lieu of salary {Section 17(3)}
- Section
17(3) of the Income Tax Act gives the definition of profits in
lieu of salary. This section includes the amount of any compensation
and payments from a unrecognised provident fund or an unrecognised
superannuation fund.
- The
amount of any compensation due to or received by an employee from
his employer in connection with the termination of his employment
is regarded as profits in lieu of salary and hence taxable.
- Payments
due to or received by an assessee from an unrecognised Provident
Fund or an unrecognised superannuation fund are taxable as profits
in lieu of salary to the extent of payments that do not consist
of contribution by the employee or interest on employee contribution.
In other words total employer's contribution and interest on such
employer's contribution are taxable. However, this is not taxed
during the period of employment. However, the accummulated balance
when paid to the employee either on retirement or termination
of service the employer's contribution and interest there on is
taxed as profit in lieu of salary. And the interest on employees
contribition is taxed as income from other sources.
- When
an assessee receives a payment under a keyman insurance policy
or it is due to him including the bonus on such policy is also
regarded as profit in lieu of salary w.e.f. 1.10.96.
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