Section 9 And Section 15(1) of Income Under Salary

 Section 9 Place of Accrual of Salary Income :

Salary income is deemed to accrue/arise: in India if the services are rendered in India . Therefore, place of accrual of salary income is the place where work has been done by an employee.


Exception: Salary payable by Indian Government (Central Govt/State Govt) to an Indian citizen for services rendered outside India are deemed to accrue/arise in India. However, all allowances & perquisites received by such person outside India are fully exempt u/s 10(7).

 


Section 15(1) Chargeability of Salary Income :

Salary income shall be chargeable to income tax on due basis or receipt basis, whichever is earlier.

Ø   Example (bus Basis): Mr Amit is employed in HPCL Ltd and is getting basic pay of Rs 10,000 p.m. during

PY 2017- 18 and salary upto February 2018 has been paid by the employer in time. Salary for the month of March

2018 was, however, paid in April 2018. The salary for the month of March 2018 shall be taxable during PY 2017-

18 itself (ie during the year in which it has become due).


Ø   Example (Receipt Basis): Mr Vijay is employed in X Ltd and is getting basic pay of Rs 10,000 p.m. during PY 2017-18.

He has taken salary for the months of April 2018 and May 2018 in advance during March 2018. Such advance salary shall be taxable during PY 2017-18 itself (ie during the year in which such advance salary is received).

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