Salary sounds like the simplest head of income to compute. You know what you earned, you know what got deducted, and the balance is your income. Except tax law does not work quite that way. Several rules quietly override common sense here, from how the taxman treats money you never actually saw, to why a “tax-free” salary is a bit of a myth. Getting these points right is what separates a correct salary computation from one that invites a notice from the assessing officer.

Table of Contents

The employer-employee relationship is non-negotiable

Before any payment can be taxed under the head Salaries, there must be a genuine employer-employee relationship between the person paying and the person receiving. This is the very foundation of Section 15 of the Income Tax Act, which charges to tax any salary due or paid by an employer to an assessee. Without this master-servant connection, no amount of money changing hands qualifies as salary, however similar it may look to one.

When the relationship breaks down

This distinction has real consequences. A partner’s share of profit, commission, or remuneration from a partnership firm is not salary, because a partner is a co-owner and not an employee of the firm. Similarly, a Member of Parliament or a Member of a Legislative Assembly does not have an employer, so their salary is taxed under Income from Other Sources instead. On the flip side, a company director appointed under a formal resolution, with fixed remuneration and defined duties, is usually treated as an employee, and their pay is taxed as salary.

Foregoing salary versus surrendering it

Students often confuse these two terms, but they have very different tax outcomes. Foregoing of salary happens when an employee, after the salary has already become due, instructs the employer to pay it to someone else, say a trust or a family member. Since the income had already accrued to the employee before the redirection, it is still fully taxable in their hands. This is treated as a mere application of income, not an escape from it.

Surrender of salary is different and far more specific. Under the Voluntary Surrender of Salaries (Exemption from Taxation) Act, 1961, an employee can formally surrender a part of their salary in the public interest to the Central Government, and that portion is excluded from their total income altogether. This exemption is narrow by design. It only applies when the amount is actually surrendered to the government following the prescribed procedure, not merely diverted to any third party of the employee’s choice.

Tax-free salary and the grossing-up trap

Some employers offer what is marketed as a “tax-free salary,” where the company itself pays the income tax due on the employee’s earnings. This sounds like a bonus, but the law does not let it work that way. The tax paid by the employer on the employee’s behalf is itself treated as a perquisite and added back to the employee’s income, a process commonly called grossing up. In effect, there is no such thing as a truly tax-free salary in India, since the value of the tax borne by the employer becomes taxable income in the hands of the employee.

Deductions by the employer don’t reduce taxable salary

This is one of the most misunderstood points in the chapter. When an employer deducts amounts from an employee’s pay for things like the employee’s own contribution to a recognised provident fund, recovery of a loan or advance, a staff welfare fund, or even a fine for misconduct, none of these deductions reduce the salary that is chargeable to tax. The full amount that became due to the employee, before any such recovery, is what counts as salary for tax purposes. The deduction is simply an application of the employee’s own income, similar in spirit to foregoing salary voluntarily.

What actually brings taxable salary down

Only a specific, limited set of deductions is allowed while computing income chargeable under this head, and these are laid down separately in Section 16 of the Income Tax Act. For the financial year 2026-27, this includes a flat standard deduction of ₹75,000 under the new tax regime, or ₹50,000 under the old regime, along with limited deductions for entertainment allowance for certain government employees and professional tax actually paid. Everything else deducted at source by the employer, however routine, stays inside the taxable figure.

Type of deduction from pay Reduces taxable salary?
Employee’s own PF contribution recovered by employer No
Recovery of salary advance or staff loan instalment No
Fine or penalty deducted for misconduct No
Standard deduction under Section 16 Yes
Professional tax actually paid Yes

Due basis and receipt basis: timing the charge

Salary can be taxed in the year it becomes due, or in the year it is actually received, whichever happens earlier, so that the same amount is never taxed twice. This dual test exists because employers and employees do not always follow a perfectly synchronised payment calendar. If your March salary is credited in April, it was already due in March, so it gets taxed in that earlier previous year, not when the money physically lands in your account. This rule matters most around financial year-ends, when a delayed payment could otherwise be pushed into the wrong assessment year if taken purely on a receipt basis.

Dearness pay and dearness allowance

Dearness allowance, commonly called DA, is a cost-of-living adjustment paid mainly to government and public sector employees to offset the impact of inflation on their basic pay. It is calculated as a percentage of basic salary and revised periodically based on the Consumer Price Index. For tax purposes, DA is fully taxable in the hands of the employee, with no exemption available, regardless of whether the employee works in the government or private sector. Where DA forms part of retirement benefits under the terms of employment, such as when it counts toward gratuity or pension calculations, it also becomes relevant while computing exemptions for those retirement benefits. Dearness pay works similarly, being a portion of DA that is specifically merged into basic pay for calculating certain retirement benefits, and it too is fully taxable as salary.

Advance salary: taxed early, relief available later

If an employee receives salary before it becomes due, perhaps as an advance from the employer, it is taxed in the year of receipt itself rather than in the year it would otherwise have fallen due. This can push a taxpayer into a higher slab for that year purely because of timing, even though the total income over the years remains the same. To soften this effect, the law allows relief under Section 89(1), which recalculates the tax as if the advance salary had been spread across the years it actually relates to, and refunds the difference in tax burden caused by bunching. Claiming this relief requires filing Form 10E before the income tax return, and skipping this step is a common reason relief gets denied even when the taxpayer is otherwise eligible.

Voluntary payments from the employer

Any payment an employee receives from their employer, even one made purely out of goodwill and without any contractual obligation, is generally taxable under the head Salaries as long as it flows from the employment relationship. This covers ex-gratia payments, bonuses given at the employer’s discretion, and similar voluntary payouts. The logic is straightforward: taxable salary includes all amounts, whether in cash or in kind, connected to the employee’s office, whether paid directly or credited on their behalf. Only in the rare case where a payment genuinely has nothing to do with the person’s role as an employee, such as a personal gift from the employer unrelated to service, would it fall outside this head altogether, and even then, other tax provisions on gifts may still apply.

It is worth noting that from 1 April 2026, the Income Tax Act, 2025 has replaced the 1961 Act, renumbering many of these provisions while largely preserving the underlying principles discussed here. The core logic behind each of these points continues to apply even as section numbers get updated.

What do you think? If your employer offered to make your salary “fully tax-free” by paying your tax bill directly, would you actually end up saving money once grossing up is factored in? And if you had to choose between receiving a bonus as arrears next year or as an advance this year, which timing would work better for your own tax slab?

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References
  1. https://indiankanoon.org/doc/885027/
  2. https://www.indiacode.nic.in/handle/123456789/1660?sam_handle=123456789%2F1362
  3. https://cleartax.in/s/standard-deduction-salary
  4. https://tax2win.in/guide/dearness-allowance
  5. https://www.bajajfinserv.in/investments/section-89-of-income-tax-act
  6. https://taxsummaries.pwc.com/india/individual/income-determination
  7. https://cleartax.in/s/income-tax-act-2025-section-numbers-old-vs-new

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Income Tax Law and Practice

1 Basic Concepts-I

  1. Broad Mechanism of Income Tax in India
  2. Concept of Income
  3. Definition of Person
  4. Definition of Assessee
  5. Permanent Account Number
  6. Assessment Year
  7. Previous Year
  8. Taxation of Previous Year’s Income during the Same Year
  9. Concept of Total Income
  10. Accounting Method

2 Basic Concepts-II

  1. Agricultural Income
  2. Definition of Agricultural Income
  3. Kinds of Agricultural Income
  4. Instances of Non-agricultural Income
  5. Partly Agricultural Income
  6. Integration of Agricultural Income with Non-agricultural Income
  7. Concept of Casual Income
  8. Examples of Casual Income
  9. Incomes Not Treated as Casual Income
  10. Capital and Revenue Receipts
  11. Determine the Nature of a Receipt
  12. Examples of Capital and Revenue Receipts

3 Residential Status and Tax Liability

  1. Importance of Residential Status
  2. Categories of Residential Status
  3. Rules for Determining Residential Status
  4. Scope of Total Income on the Basis of Residence
  5. Kinds of Incomes
  6. Income Received in India
  7. Income Deemed to be Received in India
  8. Incomes Accruing or Arising in India
  9. Income Deemed to Accrue or Arise in India
  10. Incidence of Tax

4 Exempted Incomes

  1. Meaning of Exempted Income
  2. List of Exempted Incomes
  3. Certain Exempted Incomes in the Hands of an Individual
  4. Exempted Incomes of Certain Institutions and Funds
  5. Income of Charitable and Religious Trusts and Political Parties
  6. Exempted Income for Non-Citizen And/or Non-Resident Assessee

5 Salaries-I

  1. Meaning of Salary
  2. Some Important Points Regarding Salary
  3. Definition of Salary for Different Purposes
  4. Salary or Wages
  5. Encashment of Earned Leave on Retirement
  6. Bonus, Fees, Commission, Profit in Lieu of Salary
  7. Pension
  8. Annuity
  9. Gratuity
  10. Compensation on Retrenchment
  11. Voluntary Retirement
  12. Advance Salary

6 Salaries-II

  1. Perquisites
  2. Valuation of Perquisites for Specified Employees
  3. Fully Exempted Perquisites (Tax Free Perquisites)
  4. Deduction from ‘Salaries’

7 Salaries-III

  1. Provident Fund Schemes
  2. Statutory Provident Fund
  3. Recognized Provident Fund
  4. Unrecognized Provident Fund
  5. Public Provident Fund (PPF)
  6. Approved Superannuation Fund
  7. Tax Treatment of Provident Fund
  8. Certain Other Aspects of Taxable Salary
  9. Deduction under Section 80C
  10. Gross Qualifying Amount

8 Income from House Property

  1. Income from House Property
  2. Exempted Incomes from House Property
  3. Some Important Points
  4. Annual Value
  5. Computation of Annual Value
  6. Deductions from Annual Value
  7. Loss under the Head ‘Income from House Property’
  8. Computation of Taxable Income from House Property

9 Income from Profits and Gains of Business or Profession-I

  1. Meaning of Business or Profession or Vocation
  2. Basis of Charge
  3. General Principles for Calculating Business and Profession Income
  4. Computation of Income from Business or Profession
  5. Specific Deductions-I: Rent, Rates, Taxes, Repairs, and Insurance for Buildings
  6. Repairs and Insurance of Machinery, Plant & Furniture
  7. Depreciation
  8. Incentive for Acquisition and Installation of New Plant or Machinery in the Notified Backward Areas in Certain States

10 Income from Profits and Gains of Business or Profession-II

  1. Tea Development Account, Coffee Development Account and Rubber Development Account
  2. Site Restoration Fund
  3. Expenditure on Scientific Research
  4. Amortisation of Spectrum Fee for Purchase of Spectrum
  5. Amortisation of Telecom License Fees
  6. Deduction in Respect of Expenditure on Specified Business
  7. Expenditure by Way of Payments to Association and Institutions for Carrying Out Rural Development Programmes
  8. Weighted Deduction of 100% for Expenditure Incurred on Agricultural Extension Project
  9. Weighted Deduction of 100% for Expenditure Incurred by a Company on Skill Development Project
  10. Amortization of Certain Preliminary Expenses
  11. Amortization of Expenditure in Case of Amalgamation or Demerger
  12. Amortization of Expenditure Incurred Under Voluntary Retirement Scheme
  13. Other Deductions
  14. General Deductions

11 Income from Profits and Gains of Business or Profession-III

  1. Special Disallowances under the Act
  2. Deemed Profits Chargeable to Tax
  3. Maintenance of Books of Account
  4. Compulsory Audit of Accounts
  5. Estimated Income Method for Computing Business Income

12 Capital Gains

  1. Concept of Capital Asset
  2. Transfer of Capital Asset
  3. Computation of Capital Gains
  4. Cost of Acquisition
  5. Cost of Improvement
  6. Indexed Cost of Acquisition and Improvement
  7. Capital Gains Exempt from Tax
  8. Tax on Short term capital gain on Transfer of Equity Shares
  9. Tax on Long Term Capital Gain on Transfer of Listed Securities
  10. Computation of Taxable Income from Capital Gains

13 Income from other Sources

  1. Income Chargeable Under the Head Income from Other Sources
  2. Deductions Allowed
  3. Dividends
  4. Winnings from Lotteries, Crossword Puzzles, Horse Races, Card Games, etc. (Casual Incomes)
  5. Interest on Securities
  6. Income from Letting out of Plant, Machinery or Furniture
  7. Income from Composite Letting of Machinery, Plant, Furniture and Building
  8. Contributions Received from Employees
  9. Receipts without Consideration
  10. Family Pension Received by the Legal Heirs of a Deceased Employee
  11. Receipt of Shares by a Firm or a Company
  12. Share Premium in Excess of Fair Market Value
  13. Interest on Compensation or on Enhanced Compensation

14 Aggregation of Incomes (Clubbing of Incomes and Deemed Incomes) and Set off and Carry Forward of Losses

  1. Aggregated Income
  2. Deemed Incomes
  3. Clubbing of Incomes
  4. Income of Minor Child
  5. Income from Converted Property
  6. Income from the Accretion to Assets
  7. Clubbing of Negative Incomes
  8. Set off and Carry Forward of Losses
  9. Inter-source adjustment
  10. Inter-Head adjustment
  11. Set off of losses of General Business
  12. Set off of losses of Speculation Business
  13. Set off of losses of Specified Business
  14. Set off of losses under the head Capital Gains
  15. Set off of losses from Owning and Maintaining Race Horses
  16. Set off of losses of Lottery, Betting, Gambling, Cross Word, Puzzles or Card Games

15 Deductions from Gross Total Income

  1. Deductions to Encourage Savings
  2. Deductions for Certain Personal Expenditure
  3. Deductions for Encouraging Voluntary Participation in Charitable and Socially Desirable Activities
  4. Deductions for Economic Growth
  5. Deductions in Respect of Royalty Income
  6. Deduction in Respect of Saving Bank A/C Interest
  7. Deduction in Case of Person with Disability

16 Assessment of Individuals

  1. Steps in Computation of Total Income
  2. Head wise Computation of Income
  3. Computation of Gross Total Income
  4. Deductions under Chapter VIA
  5. Some Illustrations (Computation of Total Income)
  6. Computation of Tax Liability of Individuals (with Illustrations)

17 Assessment of Firms

  1. Meaning and Definition of Partnership
  2. Essential Features of Partnership Firm
  3. Partnership Deed/Deed of Partnership
  4. Registration of Firm
  5. Non-Registration of Firm
  6. General Rules and Procedure
  7. Provisions of Section 184 Regarding Assessment of Firm
  8. Assessment in Case of Non-Compliance of Section 184
  9. Provisions of Section 40 (B) Regarding Assessment of Firm
  10. Computation of Book Profit
  11. Computation of Total Income of the Firm
  12. Computation of Tax Liability of the Firm
  13. Provisions of Alternate Minimum Tax (AMT) For Limited Liability Partnerships (LLP)
  14. Computation of Partner’s Income from The Firm
  15. Assessment of Reconstituted Firm
  16. Assessment in Case of Succession of One Firm by Another Firm
  17. Joint and Several Liabilities of Partners for Tax Payable by Firm
  18. Dissolution of A Firm or Discontinuance of Business
  19. Procedure of Tax Payment and Filing of Return of Income by Firms

18 Filing of Return and Tax Authorities

  1. Return of Income
  2. Submission of Return of Income [Section 139(1)]
  3. Due Dates for Filing the Return
  4. Central Government Empowered to Exempt any Person from the Requirement of Furnishing Return of Income [Section 139(1c)]
  5. Permanent Account Number (PAN) [Section 139(a)]
  6. Quoting of Aadhar Number [Section 139(aa)]
  7. New Scheme to Facilitate Submission of Returns through Tax Return Preparers [Section 139(b)]
  8. Selection of Correct Form of Return [Rule 12]
  9. Belated Return [Section 139(4)]
  10. Revised Return [Section 139(5)]
  11. Defective Return [Section 139(9)]
  12. Power of Board to Dispense with Furnishing Documents etc with the Return [Section 139(c)]
  13. Return of Losses [Section 139(3)]
  14. Types of Assessment
  15. E-Filing of Return [Section 139(d)]
  16. Tax Authorities
  17. Verification of Return [Section 140]
  18. Consequences of Delay in Filing Return
  19. Consequences of Incorrect Information

19 Online Filing of Returns

  1. What is Income Tax Return (ITR)?
  2. Documents required for filing ITR
  3. Advantages of filing ITR
  4. Benefits of E-Filing over Physical Filing of Returns
  5. Step to step guide for E-filing of returns
  6. Do’s and Don’ts of E-filing of Returns

20 Leading Cases Decided by Supreme Court

  1. Analysis of Bharat V. Patel Judgment, 2018 (Income from Salaries)
  2. Surya Roshni Ltd Vs. EPFO, 2019 LLR 339 (Provident Contribution on all Allowances)
  3. CIT Vs. Podar Cement (P) Ltd (House Property)
  4. Universal Plast Ltd. Vs. CIT (Income Earned by the Assessee by Leasing out Assets of Business)
  5. Shivakumar Kheny (HUF) v. ITOITA No. 792/Bang/2019 (Capital Gain)
  6. CIT vs. O. K. Arumugham Chettiar & Anr (Income from other sources)
  7. CIT v. M.R. Doshi 211 ITR 1 (Clubbing of Income)
  8. Quoting Aadhaar Mandatory for Filing Income Tax Returns and PAN Application