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Framework & Basic Principles Taxability of Income from Salaries Taxability of Business Incomes Taxability of Capital Gains Deductions & Exemptions Allied Tax Concepts. The Course Coverage. Section 4 as charging section. INDIVIDUAL. HINDU UNDIVIDED FAMILY. COMPANY.

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the course coverage
Framework & Basic Principles

Taxability of Income from Salaries

Taxability of Business Incomes

Taxability of Capital Gains

Deductions & Exemptions

Allied Tax Concepts

The Course Coverage
person assessee

INDIVIDUAL

HINDU UNDIVIDED FAMILY

COMPANY

relevant for Income Tax Department ?

P E R S O N

FIRM

AOP / BOI

LOCAL AUTHORITY

ASSESSEE

Person & Assessee

ARTIFICIAL JURIDICAL PERSON

person individual
Person - Individual
  • From birth till death
    • Incomes of minors are clubbed with parent
    • After death, income is assessed as “Estate”
  • Slab-wise Tax Rates depending on the nature of the assessee (summarised in next slide)
person huf concept
Person – HUF - Concept
  • Mr. A - Mrs. A
    • Mr B (son) & Mrs. B
      • Mr C (grandson) & Mrs. C
        • Mr D (greatgrandson) & Mrs D
          • Mr E (greatgreatgrandson) & Mrs E
      • Ms. F (unmarried grand-daughter)
  • Karta – Mr. A (manages the property & business)
  • Co-parceners – B, C & D (can enforce partition)
  • Members – all (can claim maintenance)
person huf nucleus
Person – HUF - Nucleus
  • Through ancestral property (property inherited from any of three immediate male ancestors)
    • If son is single when inherited – assessed as individual income till he is married
    • No need for more than one co-parcener
  • Through gifts for the family
    • Family denotes plurality of co-parceners
person huf income taxation
Person – HUF – Income & Taxation
  • Nucleus can be invested in businesses to derive profits or in securities to derive investment incomes
  • Incomes purely of a personal character cannot be attributed to a HUF – eg. Salaries, commission, etc
  • Incomes taxed similarly as “Individuals”
  • Any payments by HUF to members not treated as income
person company
Person – Company
  • Distinct entity from shareholders/ directors
  • Directors’ remuneration deductible
  • Dividend liable for double taxation
    • Dividend Distribution Tax @ 12.50%
  • Flat rate of tax
    • Indian companies 30%
    • Foreign companies 40%
person firm
Person – Firm
  • Distinct entity for taxation but no separate legal status
  • “Agreement” & “Business” are necessary conditions
  • Payments to partners deductible subject to conditions
  • Flat Firm Tax Rate 30%
  • Share of profits exempt in hands of the partner
person others
Person - Others
  • Local Authority
  • Artificial Juridical Person
  • AOP/ BOI
  • Co-operative Society
charged annually
Charged annually
  • Each year an independent year
  • Common Financial Year
  • Assessment Year
    • period of twelve months starting from the 1st April of every year and ending on 31st March of the next year
    • Denoted as 2002-2003 , etc
    • We are concerned with the law for Asst Year 2006-2007
  • Previous Year
    • Generally 1st April to 31st March
taxability of incomes general propositions
Taxability of IncomesGeneral Propositions
  • Capital receipts not taxable unless specified
  • Personal receipts not taxable
  • Mutual Activities do not result in income
  • Income from illegal sources liable to be taxed
  • Income diverted at source not taxable
scope of income
Scope of Income

--Residential Nexus--

Person

Income

Resident

Non Resident

--Territorial Nexus--

In India

Taxable

Taxable

Outside India

Taxable

Non Taxable

(To be refined later)

residential status individuals
Residential Status - Individuals
  • 182 day test OR
  • 60 day test & 365 days in 4 years test
    • Indian citizens taking employment abroad
    • Indian citizens/PIO visiting India
  • 730 days test in 7 years AND
  • Resident in 2 out of 10 years
residential status others
Residential Status - Others
  • Companies
    • Indian companies
      • Always resident in India
    • Other companies
      • Resident in India if control & management wholly in India
  • Other Assessees
    • Resident in India if control & management partly in India
scope of income1
Scope of Income
  • Income Accrued in India (General Principles)
  • Income Received in India (General Principles)
  • Income Deemed to receive in India
    • Annual Accretion in RPF
    • Transferred Balance to RPF
    • Bad Debts Recovered
    • Unexplained Investments
    • Tax Deducted at Source
income deemed to accrue in india
Income Deemed to Accrue in India
  • Income from Business Connection in India
  • Property, Asset, Source in India
  • Salaries earned in India
  • Salary paid by Government to Indian citizen
  • Dividend by Indian company
  • Interest
  • Royalties
  • Fees for Technical Services

Base Erosion Approach

scheme of the act
Scheme of the Act

Income

Exemption

  • Concept of Income
    • Capital vs. Revenue
  • Exemptions
  • Heads of Income

H1

H2

H3

H4

H5

  • Aggregation Rules

Aggregation

Deductions

  • Deductions

Income

  • Tax Liability

Person

TAX

salaries the starters
Salaries: The Starters..
  • Test: Employer – Employee Relation
  • Basis of Charge: Accrual or Receipt whichever is earlier
  • Scheme (Taxation): Primarily Gross Basis
scheme of taxation
Scheme of Taxation
  • Basic Salary
  • Add Allowances (to the extent not exempt)
  • Add Perquisites (as valued)
  • Add Retirement Benefits (to the extent not exempt)
  • Less Profession Tax
  • Entertainment Allowance
allowances
Allowances
  • Exemption based on expenditure and multiple limits
    • House Rent Allowance
    • Entertainment Allowance
    • Leave Travel Concession/Allowance
  • Exemption based on expenditure
  • Exemption based on monetary limits
expenditure allowances
Expenditure Allowances
  • Allowance is based on expenditure
    • Tour Allowance
    • Transfer Allowance
    • Daily Allowance while on tour
    • Helper Allowance
    • Research Allowance
    • Uniform Allowance
    • Conveyance Allowance (does not include from residence to office and back)
monetary allowances
Hill Area Allowance

Border Area Allowance

Tribal Area Allowance

Allowance for Transport Employees

Compensatory Field Area Allowance

Compensatory Modified Area Allowance

Counter Insurgency Allowance

Underground Allowance

High Altitude Allowance

Active Field Allowance

Island Duty Allowance

Children Education Allowance Rs. 100

Hostel Allowance Rs.300

Conveyance Allowance (from residence to office & back) Rs. 800

Monetary Allowances
house rent allowance
House Rent Allowance
  • Exemption is least of
    • Excess of Rent Paid over 10% of Salary
    • 50% of salary for metro cities, 40% for others
    • Actual Receipt
  • Salary means Basic, DA(if it forms a part of retirement benefits) & Commission (if it is paid as a specific percentage of sales achieved by the employee)
leave travel concession
Leave Travel Concession
  • Fare
    • Based on the mode of travel
  • for self or family
    • Spouse, children*, dependents
  • For travel to any place in India
  • For 2 journeys in a block of 4 calender years
    • From 1986
    • Carry Forward to 5th year if unused
entertainment allowance
Entertainment Allowance
  • Exemption only to Government employees
    • 20 % of salary (excluding allowances)
    • Rs. 5,000/-
    • Actual Receipt
perquisites
Perquisites
  • Value of benefits received in kind
  • If purely for official purposes, cannot be taxed even though it might result in some value addition
  • Perquisites
    • Taxable in all cases
    • Taxable in case of specified employees
    • Exempt in all cases
perquisites taxable in all cases
Perquisites Taxable in all cases
  • Rent Free/ Concessional Accommodation
    • 15% of salary or actual hire charges if lower
    • Additional 10% of the cost of furniture or actual higher charges
    • If accommodation in hotel, 24% of the salary or charges paid to hotel whichever is lower
    • If employee is paying some rent, deduct from the value
perquisites taxable in all cases1
Perquisites Taxable in all cases
  • Use of an Asset
    • 10% of the actual cost or hire charges paid
    • Exempt in case of laptops and computers, telephones and mobiles
  • Transfer of an Asset
    • Sale price less the depreciated value
    • Depreciation Rates for this purpose
      • Computers & Electronic Items 50% WDV
      • Motor Cars 20% WDV
      • Others 10% SLM
    • Depreciation for completed year
perquisites taxable for specified employees
Perquisites taxable for specified employees
  • Medical Facilities Exempt if
    • In a hospital maintained by the employer
    • In a Government hospital
    • In an approved hospital for prescribed diseases
    • Mediclaim Premium, Group Mediclaim
    • Other Medical Treatment upto Rs. 15,000/-
    • Overseas Medical Treatment
      • Treatment Cost
      • Cost of Travel & Stay for self & family
      • Cost of Travel & Stay for one attendant
      • Cost of Travel excluded only if gross income < 2 lakhs
retirement benefits
Retirement Benefits
  • Provident Fund
  • Superannuation Fund
  • Pensions
  • Gratuity
  • Encashment of unutilised leave
  • Retrenchment Compensation
  • Voluntary Retirement Compensation
approved superannuation fund
Approved Superannuation Fund
  • Employers’ Contribution exempt upto 27% of salary
  • Employees’ Contribution eligible for rebate
  • Interest is exempt
  • Pension on retirement is taxable
  • Commutation on retirement partly exempt
  • Payment on death totally exempt
  • In all other cases, taxable
pensions
Pensions
  • Uncommuted Pensions
    • Received by the retired employee Salaries
    • Received by the legal heir I.O.S
  • Commuted Pensions on retirement
    • If receiving gratuity also, 1/3rd of non commuted value is exempt
    • If not receiving gratuity, ½ is exempt
    • For Government employees, totally exempt
gratuity
Gratuity
  • Government Employees – Exempt
  • Covered by the Payment of Gratuity Act
    • 15 days salary for each year of service
    • Rs. 350000/-
    • Actual Receipt
  • Not Covered by the Payment of Gratuity Act
    • ½ months’ average salary for each completed year of service
    • Rs. 350000/-
    • Actual Receipt
encashment of leave salary
Encashment of Leave Salary
  • Government Employees – Exempt
  • Others
  • Cash Equivalent of earned unused leave
    • Earned 30 days for each completed year of service
    • Salary is average of last 10 months
  • 10 months average salary
  • Rs. 300000/-
  • Actual Receipt
other retirement benefits
Other Retirement Benefits
  • Retrenchment Compensation
    • Upto Rs. 5,00,000
    • Amount calculated under Industrial Disputes Act
  • Voluntary Retirement Compensation
    • Applies to all employees, Results in reduction of workforce which is not filled up
    • Completed 10 years of service/ 40 years of age, Employee is not re-employed in same company/group
    • Not to exceed 3 months for each completed year or uncompleted months
taxability of business income
Taxability of Business Income
  • Tax on Net Income from Business
  • Net Income = (+) Gross Receipts (-) Expenses
  • Role of Accounting for both (+) & (-)
  • Net Income is therefore as determined by the books of accounts & method of accounting followed
  • Expenses related to non-taxable businesses cannot be adjusted against incomes of taxable businesses
need for adjustments
Need for Adjustments
  • Net Profit as per Profit & Loss Account
  • Add:
    • Items debited but not allowed
    • Items not credited but taxable
  • Less:
    • Items credited but exempt/ taxable elsewhere
    • Items not debited but allowed
  • Taxable Income
what are these adjustments
What are these adjustments?
  • Expenses specifically allowed
  • Expenses disallowed
  • Residuary Category
      • Not Capital
      • Not Violation of Law
      • For the Purposes of Business
  • Depreciation
expenses specifically allowed social angle of income tax act
Expenses specifically allowed:Social Angle of Income Tax Act
  • Expenditure on Scientific Research
    • Revenue Expenditure related to business
    • Capital Expenditure related to business (excluding cost of land)
    • Donation to Scientific Research Associations/National Laboratory/University/IIT (1.25 times weighted deduction)
    • Revenue & Capital Expenditure (not being land & building) on approved in-house projects (1.5 times weighted deduction)
  • Expenditure on family planning
    • Capital Expenditure allowed over 5 years
expenses specifically allowed
Expenses specifically allowed
  • Insurance Premiums
    • for stocks & employees health
  • Bonus & Commission to employees
  • Interest on Borrowed Capital
    • Used for the purposes of business
  • Contributions to Recognised Provident Fund, Superannuation Fund, Gratuity Fund, Staff Welfare Scheme
expenses specifically allowed1
Expenses specifically allowed
  • Bad Debts
    • If income already considered/ loan in ordinary course of money-lending business
    • Written off in books of accounts
    • Subsequent Recovery taxable
residuary category
Residuary Category
  • Not Capital in Nature
  • For the purposes of business
    • Personal Expenditure not allowed
  • Incurred during the previous year
  • Not for any Violation of Law (eg. Penalties)
amounts not deductible
Amounts not deductible
  • Income Tax/ Wealth Tax/Tax on Perquisites
  • Fringe Benefit Tax
  • Payments to members of AOP/BOI
  • Provisions made for non statutory employee welfare funds
  • Payments to partners by a partnership firm
    • Remuneration in excess of limits
    • Interest on capital in excess of 12% p.a.
amounts not deductible payments to relatives
Amounts not deductible:Payments to relatives
  • Payments to relatives in excess of fair value
  • Relatives defined to include: spouse, brother, sister, lineal ascendant and descendant
  • Receipts not covered
  • No corresponding adjustment in the assessment of the relative
amounts not deductible non tds items
Amounts not deductible:Non TDS Items
  • Overseas Payments are deductible only if the applicable taxes are deducted at source and paid
  • Specified Domestic Payments are deductible only if the applicable taxes are deducted at source and paid
  • If the payments are disallowed in the current year because the taxes are not deducted or paid, they shall be allowed in the year of payment
amounts not deductible cash expenditure
Amounts not deductible :Cash Expenditure
  • Expenditure above Rs. 20000/- to be made by account payee cheque otherwise a disallowance of 20% is attracted
  • Exceptions carved out in genuine cases like
    • Payments to Government Agencies, payments on a bank holiday, payments in a village not serviced by a bank, etc.
depreciation conditions
Depreciation: Conditions
  • Ownership
  • Use during the previous year
  • For the purposes of Business
depreciation concept
Depreciation: Concept
  • Not on individual assets but on block of assets
  • Written Down Value Method at rates specified
  • In the year of purchase
    • Full year’s depreciation unless the asset put to use for less than 180 days (half depreciation)
  • In the year of sale
    • No Depreciation
  • Block of Assets – Same group & same rate
depreciation block of assets rate
Depreciation: Block of Assets & Rate
  • Buildings used for residential purposes (5%)
  • Other Buildings (10%)
  • Furniture & Fixtures (10%)
  • Plant & Machinery (15%)
  • Motor Cars (15%)
  • Computers & Software (60%)
  • Intangible Assets (15%)
  • Pollution Control Equipments (100%)
  • Energy Saving Devices (80%)
depreciation written down value
Depreciation: Written Down Value
  • Opening WDV (a) xx
  • Add Actual Cost of Assets Purchased
    • Used > 180 days (b) xx
    • Used < 180 days (c) xx
  • Less Sale Price of Assets Sold (d) xx
  • Closing WDV (e) = ( a + b + c - d) xx
depreciation wdv contd
Depreciation : WDV (Contd.)
  • If Closing WDV is negative
    • Treat the amount as Short Term Capital Gains
      • Adjustable against business losses to the extent of depreciation written off
    • No Depreciation will be available even if there are other assets in the block
  • If Closing WDV is positive but there are no assets in the block
    • Treat the amount as Short Term Capital Loss
    • No Depreciation will be available even though the WDV is positive
depreciation wdv contd1
Depreciation : WDV (Contd.)
  • If Closing WDV is positive and there are assets in the block
    • Do not calculate profit or loss but provide depreciation on (e)
    • If e > c
      • Depreciation = full * (a+b-d) + half * c
    • If e < c
      • Depreciation = half * e
capital gains the starters
Capital GainsThe Starters..
  • Capital Receipts not taxable unless specifically included
  • Essentials
    • Profits/Losses on
    • Transfer of a
    • Capital Asset
profit loss
Profit/Loss..
  • Sale Price
  • Deductions
    • Cost of Acquisition
    • Cost of Improvement
    • Cost of Transfer
  • Machinery Provisions may fail !
capital asset
Capital Asset
  • Wide definition
  • Cannot however cover
    • Stock in trade
    • Personal assets & privileges
    • Agricultural Rural Land (Population < 10000)
  • Classification as short term & long term
    • Equity/Preference Shares, Other listed securities & units – 12 months
    • Other Assets – 36 months
privileges of long term
Privileges of Long Term
  • Indexation Benefits
  • Substitution of Fair Market Value
  • Lower Rate of Tax
    • Along with indexation benefits 20%
    • In case of listed securities
      • Where STT is paid NIL
      • without indexation benefits 10%
      • With indexation benefits 20%
privileges of long term reinvestment benefits
Residential House – Residential House

Reinvest Capital Gains

Purchase 1 year before/2 years after OR

construct 3 years after

Any – Residential House

Reinvest Sale Consideration

Purchase 1 year before/2 years after OR

construct 3 years after

Privileges of Long TermReinvestment Benefits
  • Any – Specified Capital Gains Bonds
    • Reinvest Capital Gains
    • Within six months

Lock in period of 3 years for the re-invested asset

transfer
Transfer
  • Extended Definition of Transfer
    • Sale, Exchange, Relinquishment
    • Extinguishment of Rights
    • Compulsory Acquisition
    • Conversion into Stock in trade
    • Part Performance
    • Co-operative Society
  • Exclusions from Transfer
  • Deeming fiction for computation provisions
transfer1
Transfer
  • Extended Definition
  • Exclusions from Definition
    • Distribution of Assets by HUF
    • Gift, Will, Irrevocable Trust
    • Holding/Subsidiary Transactions
    • Mergers/De-mergers – company/holders
    • Conversion of debentures
    • Stock lending scheme
  • Deeming Fiction for computation provisions
transfer2
Transfer
  • Extended Definition
  • Exclusions from Definition
  • Deeming Fiction for computation provisions
    • Period of Holding
    • Cost of Acquisition
    • Market Value as on 01.04.1981
special considerations apply
Special Considerations apply:
  • Depreciable Assets
    • Gains will always be SHORT TERM
  • Immoveable Properties
    • Reference to Stamp Duty Valuation
other heads of income
Other Heads of Income..
  • Income from House Property
    • Interest on Housing Loan for 1 self occupied property deductible upto Rs. 1,50,000/-
  • Income from Other Sources
    • Gifts in cash exceeding Rs. 25,000/- taxable unless received from a relative
some important exemptions
Some Important Exemptions
  • Share of Profits in a registered Firm
  • Agricultural Incomes
  • LIC Maturity Claim (Excl. Keyman Insurance)
  • Specified Interest Incomes
  • Income of Charitable Institutions
  • Income of a new industrial undertaking
    • located in FTZ, EHTP, STP, SEZ,
    • Which is a 100% EOU
  • Dividends (DDT Paid) & Long Term Capital Gains (STT Paid)
some important deductions
Some Important Deductions
  • Specified Investments
  • Mediclaim Premiums
  • Donations
  • New Industrial Undertakings involved in infrastructure development
    • Infrastructure
    • Specified Industries
    • Backward Areas
calculate the taxes at this stage
Calculate the taxes at this stage
  • Apply slab-wise tax rates to net total income
  • If there are incomes which are subject to special tax rates, carve out those incomes
    • Long Term Capital Gains @ 10% or 20%
    • Short Term Capital Gains @ 10%
    • Lottery Income @ 30%
    • Income from open ended equity funds @ 10%
  • In case of agricultural income, include the same for rate purposes
the final steps
The Final Steps..
  • Add Surcharge & Education Cess to the net tax liability as applicable – gives the gross tax liability (a)
  • TDS, Advance Tax & S.A. Tax are all prepaid taxes (b)
  • Difference is the tax payable/ refundable (a-b)
  • File your return and relax!
  • Remember – taxes and death are certain but taxes are more painful as they repeat each year…
allied tax concepts
Allied Tax Concepts
  • Tax Deducted at Source
  • Minimum Alternate Tax
  • Dividend Distribution Tax
  • Fringe Benefit Tax
tax deducted at source
Tax Deducted at Source
  • Deduction at the stage of payment
  • Attempts to plug
    • Non reporting of income
    • Lower reporting of income
  • Improves cash flow for the Government
  • Additional Burden for the Assessee
tds on salaries
TDS on Salaries
  • At the “average rate of tax”
  • Both Residents and Non Resident covered
  • Allowances to be considered with proof
    • No proof be insisted for HRA upto Rs. 3000
  • Deductions & Rebates to be allowed
  • Multiple Employers?
  • Multiple Sources of Income
    • Only Loss from HP can be considered
tds on other interest
TDS on Other Interest
  • Only Residents covered
  • TDS @ 10% for non corporate assessees & 20% for corporate assessees
  • On Gross Amounts & Not Net Amounts
  • Very wide in Scope
tds on other interest1
TDS on Other Interest
  • Specific Exceptions:
    • Interest Amount less than Rs. 5,000
    • Interest to notified institutions
    • Interest by a firm to its partners
    • Interest by co-operative society to its members
    • Interest under direct tax laws
  • Lower Deduction on Certificate
  • No Deduction on Self Declaration (15G)
    • No cognisance if income above taxable limits (15H for senior citizens)
commission or brokerage
Commission or Brokerage
  • Payments to Residents covered
  • If amount exceeds Rs. 2,500
  • Commission in relation to securities not covered by this provision
  • TDS @ 5%
  • Lower Deduction on Certificate
slide84
Rent
  • Both Residents & Non Residents covered
  • Income exceeds Rs. 1,20,000
  • TDS @ 20%
    • Except in case of individual/HUF where rate is 15%
  • Advance Rent also liable for deduction
  • Lower Deduction on Certificate
payments to contractors
Payments to contractors
  • Only Residents Covered
  • Individual Payers excluded
  • Basic Limit of Rs. 20,000 per contract / Rs. 50,000 per annum
  • TDS @ 2%
    • In case of advertising contracts & sub-contracts , 1% applicable
  • Not applicable for sale of goods
contracts specific examples
Contracts: Specific Examples
  • C & F Agents – Applicable
  • Couriers – Applicable
  • Transporters – Applicable
  • Electricians – Applicable
  • Routine AMC – Applicable
professional technical services
Professional / Technical Services
  • Only Residents covered
  • Only above Rs. 20,000
  • TDS @ 5%
  • Scope
    • Payments to recruitment agencies
    • Payments to hospitals
    • Payments to share registrar
  • Lower Deduction on Certificate
tds on non residents
TDS on non residents
  • All incomes covered
  • All Payers covered
  • At Applicable Rates
  • Application by payer for determination of income
  • Application by receiver for non deduction of tax
  • Application by receiver for lower deduction
non compliance consequences
Non Compliance - Consequences
  • Recovery of the TDS Amount
  • Interest on delayed payment / non payment
  • Penalty for non compliance
  • Disallowance of Expenditure
minimum alternate tax
Minimum Alternate Tax
  • To compensate for discrepancies between accounting and taxation principles
  • Accept the net profit as per Companies Act and make specific adjustments to convert it into book profits
  • Pay minimum tax @ 7.5 % of the book profits if the actual tax liability is lower
  • Does it really serve the purpose ?
net profit to book profit
Income Tax

Reserves

Contingent Liabilities

Losses of Subsidiary

Dividends Paid

Expenses related to tax free incomes

Withdrawals from Reserves

Exempt incomes u/s 10, 10A, 10B, 11, 12

Brought Forward Losses

Deductions u/s 80HHC/E/F

Net Profit to Book Profit

ADD

SUBTRACT

Not applicable for a sick industrial company

dividend distribution tax
Dividend Distribution Tax
  • Dividends – Tax Free in hands of shareholders, liable for DDT @ 12.5% for the company
  • Brings to light the problems relating to
    • Earnings Stripping
    • Capital Gearing
    • Cascading Effect on Capital Structuring
fringe benefit tax overview
Fringe Benefit Tax:Overview
  • A presumptive tax on collective benefits granted to employees and disguised as business expenses
  • Based as a percentage of specific expenditures
  • Tax to be paid by the employer – non deductible business expense
    • However, individuals & HUFs not covered by the levy
  • Industry Specific Concessions
fbt concept and introduction
..FBT – Concept and Introduction
  • FBT payable @ 30%* -
    • On – Value of fringe benefits
    • By – Employer,
    • For – Benefits provided or deemed to have been provided
  • FBT is payable whether employer is liable to pay Income-tax or not

* Plus applicable surcharge & education cess

fbt base exemptions
FBT Base: Exemptions
  • Expenditure on paid vouchers
  • Expenditure on advertisement
  • Expenditure on leased telephone lines
  • Expenditure on accommodation used for training purposes
  • Expenditure to mitigate occupational hazards or provide first-aid facilities in employers hospital.