Ask any salaried person what their “salary” is, and they will probably quote the number printed on their payslip. But the Income Tax Act has a much wider lens. It does not just look at your basic pay; it looks at every rupee, benefit, and perk that flows to you because you are an employee. Understanding this broader meaning is the first step to correctly computing tax under the head “Salaries,” and it is exactly where most B.Com students (and first-time taxpayers) get tripped up.

Table of Contents

Salary under the Income Tax Act: a wider definition than you’d expect

The starting point is Section 17(1) of the Income Tax Act, 1961, which defines “salary” for the purposes of Sections 15 and 16. This is an inclusive definition, not an exhaustive one, meaning it lists several items that must be treated as salary while still leaving room for other similar receipts to be covered.

In simple terms, salary includes any payment an employee receives from an employer, whether in cash, in kind, or as a facility. So a rent-free house provided by your employer is just as much “salary” for tax purposes as the money credited to your bank account. This is why the definition is described as broader than what most people intuitively understand as salary.

The employer-employee relationship is the real test

Before any payment can be taxed under the head “Salaries,” one condition must be satisfied: there has to be an employer-employee relationship between the person paying and the person receiving. This is often called the master-servant relationship, where the employer has the right to direct not just what work is done, but how it is done.

This distinction matters more than it seems. A college lecturer who is also appointed vice-principal and receives a vice-principal’s allowance is taxed on that allowance under “Salaries,” because the college is the employer in both capacities. But if the same lecturer sets a question paper for a university where they hold no teaching post, the remuneration for that work is taxed as “Income from other sources,” not salary, since no employment relationship exists with the university.

The same logic explains why a Member of Parliament’s remuneration is not salary income (Parliament is not their employer in the traditional sense), while a Minister’s salary is taxed under the “Salaries” head. Similarly, if a partner draws salary, bonus, or commission from a partnership firm, it is not treated as salary at all; it is taxed as business income, because a partner is not an employee of the firm.

When does salary become taxable: due basis or receipt basis

Section 15 lays down the basis of charge, and this is where “due basis” and “receipt basis” come in. Salary is taxed in the year it becomes due, or the year it is actually received, whichever happens first. Practically, this covers three situations:

  • Salary due: Any salary that has become due to you during the year, whether your employer has actually paid it or not.
  • Salary paid in advance: If your employer pays you before the salary is actually due, it is taxed in the year of receipt itself. To prevent double taxation, this advance amount is not taxed again in the year it would have normally fallen due.
  • Arrears of salary: Amounts paid late for an earlier period are taxed in the year of receipt, provided they were not already taxed earlier.

This is why a salary hike that comes through as arrears in the current financial year can suddenly push someone into a higher tax bracket, even though the additional income actually related to an earlier year.

Breaking down the components of salary

Once the employer-employee relationship is established, the actual computation depends on identifying every component that falls within the Section 17(1) definition. Here is how the major heads typically break down.

Component What it covers
Basic salary and wages Fixed contractual pay for services rendered
Bonus, commission, and fees Performance-linked or contractual payments, including fixed percentage-based commission
Allowances Fixed periodic payments for specific purposes, such as house rent, conveyance, or dearness allowance
Perquisites Non-cash benefits attached to employment, such as rent-free accommodation, interest-free loans, or club memberships
Pension and annuity Periodic payments, usually after retirement, from a former employer
Gratuity Lump sum paid on retirement or termination, subject to separate exemption limits
Advance salary and arrears Amounts received before or after the period they relate to
Leave encashment Payment received for unused earned leave
Employer’s excess contribution to PF/NPS Contributions beyond the prescribed threshold, along with interest on such excess

Perquisites: benefits beyond the pay cheque

Perquisites are benefits or amenities an employee receives on top of salary, purely because of their position in the organisation. These can be given in cash or in kind and commonly include rent-free or concessional accommodation, interest-free or low-interest loans, employer-paid club fees, and reimbursement of children’s education expenses. Section 17(1) specifically brings these perquisites within the definition of salary, which is why an employee cannot assume that only cash receipts are taxable.

Gratuity and pension: what happens after employment ends

Gratuity is included in the definition of salary, but it does not automatically become fully taxable. Government employees receive full exemption on gratuity, while private sector employees covered under the Payment of Gratuity Act receive exemption up to a specified limit, with any amount above that limit taxed as salary. Pension works differently: periodic pension payments received by a former employee are taxed under the “Salaries” head rather than “Income from other sources,” as long as they arise from the former employment relationship. Family pension received after the employee’s death, however, is taxed differently, under “Income from other sources.”

Provident fund and NPS contributions above the threshold

Employer contributions to a recognised provident fund, superannuation fund, and the National Pension System are generally not taxable up to prescribed limits. But once combined employer contributions to these funds cross the threshold in a financial year, the excess amount, along with any interest or accretion on it, gets added to salary and taxed accordingly. This is a detail students often miss while computing salary income for employees with high employer contributions.

Deductions allowed while computing salary income

Section 16 of the Act allows certain deductions from gross salary before arriving at taxable salary income. The most significant of these is the standard deduction, a flat deduction available to all salaried employees and pensioners without needing to submit any bills or proof of expenditure. For the financial year 2025-26, this stands at ₹75,000 under the new tax regime and ₹50,000 under the old regime. It applies once per employee regardless of how many employers they worked for during the year, and it is also available against pension income taxed under “Salaries.”

Two other deductions apply in narrower situations. An entertainment allowance deduction is available, but only to government employees, capped at the lower of the actual allowance received or one-fifth of basic salary. A deduction is also allowed for professional tax paid by the employee under state law, in the year it is actually paid.

Together, Sections 15, 16, and 17 form a complete framework: Section 17 tells you what counts as salary, Section 15 tells you when it becomes taxable, and Section 16 tells you what can be deducted before arriving at the final taxable figure.

Why getting this classification right matters

Misclassifying a receipt, treating a perquisite as a tax-free benefit, or forgetting that arrears are taxable in the year of receipt, can lead to under-reporting of income and complications during assessment. For salaried employees, most of this computation happens automatically through Form 16 issued by the employer, but understanding the underlying provisions helps you verify that your employer has classified every component correctly, and helps you plan your compensation structure more efficiently if you ever have a say in it.

What do you think? If your employer offered you a choice between a higher cash bonus and an equivalent-value perquisite like a company car, which would you evaluate more carefully from a tax standpoint, and why might the two not be taxed the same way?

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References
  1. https://www.incometaxindia.gov.in/w/section-17-30
  2. https://incometaxmanagement.in/income-under-the-head-salaries-sections-15-to-17/
  3. https://www.incometaxindia.gov.in/w/section-15-15
  4. https://www.bajajfinservmarkets.in/income-tax/section-17-1
  5. https://www.bajajfinserv.in/section-17-1-of-income-tax
  6. https://www.incometaxindia.gov.in/w/section-16-16
  7. https://www.incometaxindia.gov.in/w/deductions/allowances-allowed-to-a-salaried-employee

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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