Rule 16 — Annual accretion referred to in section 17(1)(i). Made under s.17 of the Income-tax Act, 2025.
Rule 16 gives effect to Section 17 of the Income-tax Act, 2025. A rule cannot go beyond the section it serves: where the two seem to differ, the section governs.
Sub-rule (1) prescribes the formula for the annual accretion referred to in section 17(1)(i) — the interest, dividend or any other amount of a similar nature accruing during the tax year to the balance to the credit of the fund or scheme referred to in section 17(1)(h). The taxable perquisite is tp = (pc/2) × R + (PC1 + TP1) × R.
The rule defines each term. Tp is the taxable perquisite under section 17(1)(i) for the current tax year. TP1 is the aggregate of taxable perquisite under section 17(1)(i) for the tax year or years commencing on or after the 1st April, 2020 other than the current tax year. Pc is the aggregate amount of principal contribution made by the employer in excess of Rs. 750000 to the specified fund or scheme during the tax year, and PC1 is the same aggregate for the tax year or years commencing on or after the 1st April, 2020 other than the current tax year. R is I divided by F(avg.), where I is the aggregate amount of income accrued during the current tax year in the specified fund or scheme account, and F(avg.) is the opening balance to the credit of the fund or scheme on the first day of the current tax year plus the closing balance on the last day, divided by two.
Sub-rule (2) adds two definitional points: "specified fund or scheme" means a fund or scheme referred to in section 17(1)(h); and where the aggregate of TP1 and PC1 exceeds the aggregate balance to the credit of the specified fund or scheme on the first day of the current tax year, the excess is ignored in computing that aggregate.
Section 17(1)(h) brings the employer's contribution beyond a limit into the employee's hands, and section 17(1)(i) goes further and taxes the accretion on that already-taxed excess. The Act does not say how to isolate the earnings attributable to the excess contribution from the earnings of the whole fund balance, so the rule supplies an apportionment. R is the fund's own rate of return for the year, applied to the current year's excess contribution taken at half — reflecting that it accrues through the year — and to the whole of the earlier excess contributions and the accretion already taxed on them.
| What | Figure | The condition on it | Where |
|---|---|---|---|
| Employer contribution threshold above which the contribution enters pc and PC1 | Rs. 750000 | Aggregate principal contribution by the employer to the specified fund or scheme; only the excess over this amount is taken | Sub-rule (1), definitions of pc and PC1 |
| Earliest tax years taken into TP1 and PC1 | Tax year or years commencing on or after the 1st April, 2020 | Other than the current tax year | Sub-rule (1), definitions of TP1 and PC1 |
| Weight given to the current year's excess contribution | One-half (pc/2) | Applies to the current tax year's excess contribution only; earlier years' PC1 is taken in full | Sub-rule (1), formula |
| F(avg.) | Opening plus closing balance, divided by two | Balance to the credit of the specified fund or scheme on the first day and on the last day of the current tax year | Sub-rule (1), definition of F(avg.) |
The perquisite is not the fund's income; it is the fund's rate of return applied to the excess contributions. R is computed from the fund's own figures for the year, so an employee cannot substitute a declared interest rate for I divided by F(avg.). The current year's excess enters at half its value while every earlier year's excess since the tax year commencing on or after 1st April, 2020 enters in full, along with the perquisite already taxed on it, which is why the charge compounds year on year. Sub-rule (2)(b) is the only relief in the formula: where TP1 and PC1 together exceed the opening balance of the fund, the excess is ignored, so the taxable base can never exceed what is actually standing to the employee's credit at the start of the year.
An employer contributes Rs. 10,00,000 in the tax year to a specified fund for an employee, so pc is Rs. 2,50,000 — the excess over Rs. 750000. Earlier excess contributions since the year commencing 1st April, 2020 total Rs. 4,00,000 (PC1) and perquisite already taxed on them totals Rs. 40,000 (TP1). If income accrued in the fund for the year is Rs. 1,20,000 and the average of the opening and closing balances is Rs. 20,00,000, R is 0.06, and tp is (2,50,000/2) × 0.06 plus (4,40,000) × 0.06, that is Rs. 7,500 plus Rs. 26,400, or Rs. 33,900.
In the perquisite figure shown in the salary statement and in the return of income; an employee normally meets it as a line in the employer's computation of taxable salary rather than as a rule applied by hand.
TP = (PC/2) × R + (PC1 + TP1) × R
PC = aggregate amount of principal contribution made by the employer in excess of Rs. 750000 to the specified fund or scheme during the tax year
where the aggregate amount of TP1 and PC1 exceed the aggregate amount of balance to the credit of the specified fund or scheme on the first day of the current tax year, then the excess amount shall be ignored for the purpose of computing the aggregate amount of TP1 and PC1