Allowance

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Rabindra Kumar Sahu (Querist)
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12 July 2011 Are allowances such as Robe Allowance, Library allowance, Newspaper and Magazine allowance Given to lower than district Judges are exempted ones????

Please Clarify my doubts. I am getting confused

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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17 July 2011
Income tax Act does not provide any exemption to any allowance to Judges of Courts in India. However ,judges of Supreme Court and High Court get , certain specific allowance which are also made exempt from tax under different Act. These are

1. Any allowance paid to High Court Judges under section 22A(2) of the High Court Judges(Conditions of Service ) Act ,1954 and

2. Sumptuary allowance given to Supreme Court Judges under section 23B of the Supreme Court Judges (Conditions of Service ) Act 1958 and to High Court Judges under section 22C of High Court Judges(Conditions of Service ) Act ,1954 .

As is clear that the exemption of those allowance are not exempt for any other judges who are not covered under those provision as is given above. So any judge other than High Court and Supreme Court can not claim exemption of House Rent or Sumptuary allowance as tax free.Not even retired judges of High Court or Supreme Court

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