Employee eligible to claim exemption for tour, travel and conveyance exp if opting for Sec. 115BAC : Notification

By | June 29, 2020
(Last Updated On: June 29, 2020)

The CBDT has amended Rule 2BB to enable assessee opting for alternative tax regime under section 115BAC to claim exemption for tour, travel and conveyance expenses incurred in performance of duties. Further, allowance granted to a disabled employee for commutation between residence and office shall also be exempt.

However, while determining the value of perquisite, no exemption shall be available in respect of free food and non-alcoholic beverage provided by employer through paid voucher.

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 26th June, 2020
INCOME-TAX

G.S.R. 415(E).—In exercise of the powers conferred by sub-section (2) of section 115BAC read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules,1962, namely:‒
1. Short title and commencement: – (1) These rules may be called the Income-tax (13th Amendment) Rules, 2020.
(2) They shall come into force from the 1st day of April, 2021 and shall accordingly apply in relation to the assessment year 2021-22 and subsequent assessment years.

2. In the Income-tax Rules, 1962,-
(a) in rule 2BB, after sub-rule (2), the following sub-rule shall be inserted, namely:—
“(3) Notwithstanding anything contained in sub-rule (1) and (2), an employee, being an assessee, who has exercised option under sub-section (5) of section 115BAC shall be entitled to exemption only in respect of the allowances mentioned in sub-clauses (a) to (c) of sub-rule (1) and at serial no.11 of the
Table below sub-rule (2) to the extent and subject to the conditions, if any, specified therein.”;
(b) in rule 3, in sub-rule (7), in clause (iii), after the proviso, the following proviso shall be inserted, namely:—

“Provided further that the exemption provided in the first proviso in respect of free food and nonalcoholic beverage provided by such employer through paid voucher shall not apply to an employee, being an assessee, who has exercised option under sub-section (5) of section 115BAC.”.

[Notification No. 38/2020/F. No.370142/15/2020-TPL]
GUDRUN NEHAR, Director (Tax Policy and Legislation)

Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (ii) vide number S.O. 969 (E), dated the 26th March, 1962 and last amended by the Income-tax (12th Amendment) Rules, 2020, vide notification number G.S.R. 338 (E) dated 29.5.2020

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