Motor car is the movable asset which is one of the most basic perquisite given by the company to middle and top level management employees, so that they fulfill their duties more efficiently and timely.
From income tax perspective, if car is utilized by the employee only for the official purpose, then it will be tax free and no perquisite will be added to the employee salary while calculating salary income; but in case, if car is used by the employee for the personnel purpose, then whatever net expenses beard by the employer will be added to the employee salary as perquisite for calculating gross salary.
If car is partly used for private and partly for official purpose then certain deduction is given under the income tax act. Important point is even if it used for few minutes for personnel purpose then these conditions will applicable there is no specific tenure for which car is to used for private or personnel purpose.
Reference:
As Per Section 17(2) (iii) & Rule 3(2) Of the Income Tax Act, 1961-
17. For the purposes of sections 15 and 16 and of this section,—
(2) “perquisite” includes—
(iii) the value of any benefit or amenity granted or provided free of cost or at concessional rate in any of the following cases—
(a) by a company to an employee who is a director thereof;
(b) by a company to an employee being a person who has a substantial interest in the company;
(c) by any employer (including a company) to an employee to whom the provisions of paragraphs (a) and (b) of this sub-clause do not apply and whose income [under the head “Salaries” (whether due from, or paid or allowed by, one or more employers), exclusive of the value of all benefits or amenities not provided for by way of monetary payment, exceeds fifty thousand rupees.]
[Explanation.—For the removal of doubts, it is hereby declared that the use of any vehicle provided by a company or an employer for journey by the assessee from his residence to his office or other place of work, or from such office or place to his residence, shall not be regarded as a benefit or amenity granted or provided to him free of cost or at concessional rate for the purposes of this sub-clause;]
Rule 3.
For the purpose of computing the income chargeable under the head “Salaries”, the value of perquisites provided by the employer directly or indirectly to the assessee (hereinafter referred to as employee) or to any member of his household by reason of his employment shall be determined in accordance with the following sub-rules,—
(2)(A) The value of perquisite by way of use of motor car to an employee by an employer shall be determined in accordance with the following Table,—
VALUE OF PERQUISITE PER CALENDAR MONTH
| Sl. No. | Circumstances | Where cubic capacity of engine does not exceed 1.6 litres | Where cubic capacity of engine exceeds 1.6 litres |
| (1) | (2) | (3) | (4) |
| (1) | Where the motor car is owned or hired by the employer and | ||
| (a) is used wholly and exclusively in the performance of his official duties; | No value: Provided that the documents specified in clause (B) of this sub-rule are maintained by the employer. | No value: Provided that the documents specified in clause (B) of this sub-rule are maintained by the employer. | |
| (b) is used exclusively for the private or personal purposes of the employee or any member of his household and the running and maintenance expenses are met or reimbursed by the employer; | Actual amount of expenditure incurred by the employer on the running and maintenance of motor car during the relevant previous year including remuneration, if any, paid by the employer to the chauffeur as increased by the amount representing normal wear and tear of the motor car and as reduced by any amount charged from the employee for such use. | Actual amount of expenditure incurred by the employer on the running and maintenance of motor car during the relevant previous year including remuneration, if any, paid by the employer to the chauffeur as increased by the amount representing normal wear and tear of the motor car and as reduced by any amount charged from the employee for such use. | |
| (c) is used partly in the performance of duties and partly for private or personal purposes of his own or any member of his household and | |||
| (i) the expenses on maintenance and running are met or reimbursed by the employer; | Rs. 1,800 (plus Rs. 900, if chauffeur is also provided to run the motor car) | Rs. 2,400 (plus Rs. 900, if chauffeur is also provided to run the motor car) | |
| (ii) the expenses on running and maintenance for private or personal use are fully met by the assessee. | Rs. 600 (plus Rs. 900, if chauffeur is also provided by the employer to run the motor car) | Rs. 900 (plus Rs. 900, if chauffeur is also provided to run the motor car) | |
| (2) | Where the employee owns a motor car but the actual running and maintenance charges (including remuneration of the chauffeur, if any) are met or reimbursed to him by the employer and | ||
| (i) such reimbursement is for the use of the vehicle wholly and exclusively for official purposes; | No value:Provided that the documents specified in clause (B) of this sub-rule are maintained by the employer. | No value: Provided that the documents specified in clause (B) of this sub-rule are maintained by the employer. | |
| (ii) such reimbursement is for the use of the vehicle partly for official purposes and partly for personal or private purposes of the employee or any member of his household. | Subject to the provisions of clause (B) of this sub-rule, the actual amount of expenditure incurred by the employer as reduced by the amount specified in Sl. No. (1)(c)(i) above. | Subject to the provisions of clause (B) of this sub-rule, the actual amount of expenditure incurred by the employer as reduced by the amount specified in Sl. No. (1)(c)(i) above. | |
| (3) | Where the employee owns any other automotive conveyance but the actual running and maintenance charges are met or reimbursed to him by the employer and | ||
| (i) such reimbursement is for the use of the vehicle wholly and exclusively for official purposes; | No value :Provided that the documents specified in clause (B) of this sub-rule are maintained by the employer. | Not applicable : | |
| (ii) such reimbursement is for the use of vehicle partly for official purposes and partly for personal or private purposes of the employee. | Subject to the provisions of clause (B) of this sub-rule, the actual amount of expenditure incurred by the employer as reduced by the amount of Rs. 900. |
Provided that where one or more motor-cars are owned or hired by the employer and the employee or any member of his household are allowed the use of such motor-car or all of any of such motor-cars (otherwise than wholly and exclusively in the performance of his duties), the value of perquisite shall be the amount calculated in respect of one car in accordance with Sl. No. (1)(c)(i) of Table II as if the employee had been provided one motor-car for use partly in the performance of his duties and partly for his private or personal purposes and the amount calculated in respect of the other car or cars in accordance with Sl. No. (1)(b) of Table II as if he had been provided with such car exclusively for his private or personal purposes.
(B) Where the employer or the employee claims that the motor-car is used wholly and exclusively in the performance of official duty or that the actual expenses on the running and maintenance of the motor-car owned by the employee for official purposes is more than the amounts deductible in Sl. No. 2(ii) or 3(ii) of Table II, he may claim a higher amount attributable to such official use and the value of perquisite in such a case shall be the actual amount of charges met or reimbursed by the employer as reduced by such higher amount attributable to official use of the vehicle provided that the following conditions are fulfilled :—
(a) the employer has maintained complete details of journey undertaken for official purpose which may include date of journey, destination, mileage, and the amount of expenditure incurred thereon;
(b) the employer gives a certificate to the effect that the expenditure was incurred wholly and exclusively for the performance of official duties.
[Explanation.—For the purposes of this sub-rule, the normal wear and tear of a motor-car shall be taken at 10 per cent per annum of the actual cost of the motor-car or cars.]