" Tax Exemption "

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"Tax Exemption "

 

under the provisions of Income Tax Act, there are various specified incomes which are totally exempted. Following are the incomes:

 

1. Agricultural Income : Income from agriculture is exempted from tax in India. If the Net agricultural income            exceeds Rs. 5000, it is considered for determining rates of income tax on Incomes liable to tax.

 

2. Receipt from Hindu Undivided Family [HUF] : A sum received by a member of HUF, where such amount has been paid out of the income of the family or in case of impartable estate or income of the estate belonging to the family.

 

3. Partners share in the Firms Income :  The partner’s share in the total Income of the Firm, which is separately assessed is exempt. Share of the partner of the firm shall be computed by dividing the taxable profits of the firm in the Profit Sharing Ratio mentioned in the Partnership Deed.

 

4. Interest on Securities or Bonds for Non-Residents : Any income from interest on securities or bonds specified by the Central Government in the official gazette up to 31.5.2002 is exempt as well as premium on redemption of bonds is exempt.

 

5. Interest on Non-Resident External account : Any income arising to a Non-Resident or who has been permitted by the RBI to maintain such account from interest on money standing to his credit in a Non-resident Account in India is exempt.

 

6. Interest on specified saving certificates :  Interest on specified saving certificates of the Central Government which are issued before 1.6.2002 to a non-resident, are exempt, provided such certificates are subscribed to in convertible foreign exchange remitted from outside India through official.

 

7.   Value of leave travel concession : Value of any leave travel concession received by the employee and his family or due to receive such concession, in connection with his proceeding on leave or after retirement of his service to any part of India, is exempted.

 

8.   Income exempt in respect of foreigners : Following are the incomes exempted

 

      a) Remuneration to an official of Embassy, High Commission, Legation, Affairs, Commissioner, Consulate or trade representative of a foreign State or as a member of staff of any of these officials. Remuneration to staff of the Ambassador, Consul de carries, trade commissioner, etc.
       b) Remuneration received by employees of foreign Enterprises.
       c) Salaries to non-residents employed on a foreign ship.
       d) Remuneration received by certain foreigners, on training in certain Establishments.

 

9.   Tax paid on behalf of a foreign company : The amount of tax paid by Government or an Indian concern on behalf of a foreign company in respect of royalty or fees for technical service paid under the agreement entered into after 31.3.1976 but before 1.6.2002 and approved by the Central Government, will not be included in computing the total income of foreign company

 

10.  Amount of tax paid by Government or an Indian concern : The tax paid by Government or an Indian concern on behalf of a non-resident or a foreign company in respect of its income under an agreement entered into before 1.6.2002 will not be included in computing the total income of such non-resident or f foreign company.

 

11.  Tax paid by an Indian company on behalf of a foreign Government or enterprise :  Such amount paid under an agreement entered after 31.3.199/ but before 1.4.1999 or entered after 31.3.2007 and approved by the Central Government, for acquiring an aircraft or an aircraft engine on lease, is exempt.

12.  Income by way of royalty or fees for technical services :  Received by a foreign company under an agreement with the Central Govt., in connection with projects of Indian Security are exempt.

 

13.  Allowances/Perquisites for services rendered outside India : Paid or allowed outside India by the Government to an Indian citizen.

 

14.  Income with any co-operative technical assistance program :  An individual who is assigned duties in India in connection with any co-operative technical assistance program under an agreement between Government of India and a foreign Government receives remuneration from such foreign Government and any other income which accrues or arises outside India and is taxable in such reign country.

 

Replies (3)


15.  Income of a Consultant : Income of a consultant who is engaged by an international organization (agency) for rendering technical services in India in connection with any technical assistance programme between the Central Government and the agency.

 

16.  Income of a family member of a technical assistant/ Consultant/ Employee :  Income of a family member of an individual referred above, accompanying him to India, which accrues or arises outside India and is liable to tax in that foreign State or the country of origin of such member.  

 

17.  Death-cum-retirement gratuity:  


                 1. Any death-cum-retirement gratuity under the Pension Rules of the Central Government and State  Government employees.


                  2. Any gratuity received under the Payment of Gratuity Act.


               3. Any other gratuity received by the employee, his widow or dependents to the extent it does not exceed one-half month's salary for each year of completed service taking average salary of ten months subject to a maximum of Rs. 3,50,000.

 

18.  Commuted Pension:  Any payment in commutation of pension :


           i. Received under the Civil Pension Commutation Rules or under any other scheme by a Central/State Government employee.


              ii. Received from a pension fund (Jeevan Suraksha) set up by Life Insurance Corporation


              iii. Received from any other employer subject to the limit not exceeding     


                    a)  1/3rd of the commuted value of such pension in case where the employee received any gratuity.            


                b)  In any other case 1/2 of the commuted value of such pension.

 

19. Compensation to Employee : Any compensation received by a workman under Industrial Disputes Act or notification issued there under or under any standing order or contract of service or otherwise at the time of his retrenchment is exempt subject to the extent such compensation is in accordance with Section 25F(b) of Industrial Disputes Act or Rs. 5,00,000, whichever is less.

 

20. Payment under Bhopal Gas Leak Disaster : Any compensation on account of a disaster received/receivable From Central/State Government or local authority, by an individual or his legal heir.

 

21.  Payment on Voluntary Retirement : payment, subject to a maximum of Rs. 5 lakhs, received or receivable by an employee of Public Sector Company or any other company or State or Provincial Act, or a local authority, or a co-operative society or a University or a notified institute of management, on voluntary retirement or termination of service is exempted.

 

22. Tax paid by an employer on any income by way of perquisites, on behalf of an employee.

 

23. Payment/Bonus under a Life Insurance Policy :  Any sum received under a life insurance policy, including any bonus but excluding sums received under - 


                  1. a policy referred to in Section 80DD


                2. a Keyman Insurance Policy on the life of any former or present employee or any person connected with business


                3. an insurance policy issued on or after 1.4.2003, in respect of which the premium payable for a year exceeds 20% of the sum assured, except in case of amount received on the death of a person

 

24.  Payment from provident fund : Any payment (including interest from a provident fund) under Provident Fund Act, 1925 or Public Provident Fund Scheme, 1968 or such other funds set up by Government of India.

 

25.  Accumulated balance of Recognized Provident Fund :  any accumulated balance due or payable to an employee from a recognized provident fund is exempted, if any of the following conditions are satisfied-


                1.  if the employee has rendered a continuous service of more than five years;


                2.  if his service, though not continuous, has been terminated due to his ill-health or by the contraction or discontinuation of his employer's business or any other cause beyond his control;


             3.  if on cessation of his employment, his accumulated balance is transferred to recognized provident fund.

 

26. Payment from superannuation fund :  Any payment from an approved superannuation fund made on the death of a beneficiary; to an employee in lieu of / in commutation of an annuity on his retirement at or after a specified age; refund of contributions on the death of a beneficiary; or refund of contributions to an employee on his leaving the service otherwise than by retirement at or after a specified age, to the extent of contributions made prior to 1.4.1962 and any interest thereon.

 

27.  House Rent Allowance (HRA) :  A special allowance to an assessee by his employer to meet expenditure incurred on payment of rent for accommodation. The exemption is not available, in case the residential accommodation occupied by the assessee, is owned by him or the assessee has not actually incurred expenditure on payment of rent in respect of the accommodation occupied by him.

 

30.  Interest on Capital Investment Bonds notified up to 31.5.2002 having simple interest @ 7% p.a. payable annually, on investment held by individual or HUF.

 

31.  Relief Bonds :  Notified Relief Bonds carrying interest of 6.5% p.a.  w.e.f. 1.3.2003 (8% for bonds issued during 1.3.2002 to 28.2.2003, 8.5% during 15.3.2001 to 28.2.2002, 9% during 1.1.1999 to 14.3.2001 and 10% up to 31.12.1998) in case of an individual or an H.U.F.

 

32.  Interest on NRI Bonds :  Interest on NRI Bonds notified up to 31.5.2002 of State Bank of India and NRI Bonds Second Series issued by State Bank of India, arising to non-resident Indian or his nominee or survivor or the person to whom such bonds have been gifted by a non-resident, provided the bonds are purchased in foreign exchange and the principal and interest thereon, are not allowable to be taken out of India.

 

33.  Interest payable to any foreign bank :  Interest by any scheduled bank shall be exempt, provided such deposits are made with the approval of Reserve Bank of India.

 

34.  Interest payable to the Nordic Investment Bank on a loan advanced by it to a project approved by the Central Government.

 

35.  Interest payable to the European Investment Bank on a loan granted by it in pursuance of the framework-agreement for financial co¬operation with the Central Government.

 

36.  Interest on moneys borrowed before 1.6.2001 by IFCI, IDBI, Exim Bank, National Housing Bank, SIDBI or ICICI from sources outside India is exempt to the extent it does not exceed the amount of interest at the rate approved by the Central Government.

 

37.  Interest Payable by an Industrial Undertaking in India on a foreign currency loan borrowed before 1.6.2001 from sources outside India and approved by the Central Government.

 

38. Interest Payable by Scheduled Banks to NRI or a not ordinarily resident individual/HUF on foreign currency deposits approved by the RBI.

 

39. Interest Payable on foreign currency loans under an agreement approved by the Central Government before 1.6.2003 by a Public Company providing long-term housing finance for construction or purchase of residential houses in India.

 

40.  Interest Payable on specified Public Sector Companies' Bonds.

 

41.  Interest on Retirement Benefits : an employee of the Central or State Government, or a Public Sector Company depositing interest under Deposit Scheme for Retiring Government Employees, 1989, and Deposit Scheme for Retiring Employees of Public Sector Companies, 1991.

 

42.  Interest on Gold Deposit Bonds, 1999

 

43.  Interest on notified bonds issued by a local authority

 

44.  Interest received by a non-resident or a not ordinarily resident in India, on a deposit made on or after 1.4.2005 in an Offshore Banking Unit.

 

45.  Payment made by Indian Company : any payment by an Indian company engaged in the business of operation of aircraft to acquire an aircraft or an aircraft engine on lease from the Government of a foreign State or a foreign enterprise under an agreement entered before 1 4.1997 or after 31.3.1999 but before 1.4.2007 and approved by the Central Government.

 

46.  Scholarships given to meet cost of education.

 

47.  Any allowance received by the MP’s and MLA’s under the Members of Parliament (Constituency Allowance) Rules, 1986.

 

48.  Amount received by way of Award (in cash or kind) instituted in the public interest by Central/State Government or approved by the Central Government or as rewards by the Central/State Government for approved purposes.

 

49.  Pension/Family Pension received by a Central or State Government employee who has been awarded Param Vir Chakra/Maha Vir Chakra/Vir Chakra/other notified2 gallantry award, or by his family.

 

50. Family Pension received by a widow/children/nominated heirs, of a member of the armed forces (including para-military forces), who died in the course of operational duties, in prescribed circumstances and subject to prescribed conditions.

 

51.  Annual value of a palace in the occupation of an ex-ruler.

 

52.  Income of local authority i.e. a Panchayat, Municipality, Municipal Committee, District Board or Cantonment Board.

 

53. Income of approved scientific and research association wholly and exclusively to its objects, including profits and gains of a business carried on by the institution which is incidental to its objects.

 

54. Income of a News Agency set up in India, includes income or accumulates solely for collection and distribution of news and does not distribute its income in any manner to its members.


                                                                                                                                 

55.  Income received by any regimental fund or non-public fund established by the armed forces for the welfare of the past and present members of the force or their dependents.

 

56. Income received by an approved fund for the welfare of employees or their dependents, and which applies its income or accumulates it for application, wholly and exclusively, to the objects for which it is established, and invests its funds in the forms or modes specified u/s 11 (5).

 

57.  Income of a pension fund (namely Jeevan Suraksha) set up by the Life Insurance Corporation of India or a pension fund of any other insurance company.

 

58.  Income of a public charitable trust, registered society, etc. engaged in development of khadi and village industries without profit motive.

 

59.  Income of Khadi and Village Board established for the development of Khadi and Village Industries.

 

60. Income of religious institutions etc approved by the Central or State or Provincial Government, for the administration of any public, religious or charitable trust or endowments  registered under the Societies Registration Act, 1860, or any other law for the time being in force.

 

61.  Income of the European Economic Community derived in India by way of interest, dividends or capital gains from investments made out of its funds under specified scheme.

 

62.  Income of the SAARC Fund for Regional Projects.

 

63.  Income of Secretariat of the Asian Organization of the Supreme Audit Institutions for the A.Ys. 2001 -02 to 2010-11.

 

64.  Income of the Insurance Regulatory and Development Authority.

 

65.  Income of the North-Eastern Development Finance Corporation Ltd. to the extent of 80% of total income for A.Y. 2006-07, 60% for A.Y. 2007-08,40% for A.Y. 2008-09, 20% for A.Y. 2009-10 and nil from A.Y. 2010-11 and onwards.

 

66.  Income of the Central Electricity Regulatory Commission.

67.  Income of P.M. Relief Fund or any approved fund.

 

68.  Income received by the National Foundation for Communal Harmony.

 

 

69.  Income or the annual receipts of a University/educational institution, hospital or medical institution wholly or substantially financed by the Government which do not exceed the prescribed amount or which is approved by the prescribed authority.

 

70. Income of approved fund, charitable/religious institution or trust which applies its income wholly and exclusively in pursuance of its objects, however anonymous donations received by the trust shall be taxable at the rate of 30%.

 

71.  Income of Mutual Fund registered with SEBI, or set up by a public sector bank or a public financial institution, or authorized by the Reserve Bank of India subject to notified conditions. Income distributed by a Mutual Fund to its unit holders shall be subject to additional income-tax.

 

72.  Income by way of contributions from recognized stock exchanges and their members of notified Investor Protection Fund set up by recognized stock exchanges in India.

 

73.  Income of the Credit Guarantee Fund Trust for Small Industries for A.Y.s 2002-03 to 2006-07.

 

74.  Income of notified Investor Protection Fund set up by commodity exchanges in India.

 

75.  Income of an approved Venture Capital Fund or Venture Capital Company by way of dividends or long-term capital gains on equity shares in a venture capital undertaking held for more than three years provided the investment has been made before 31.3.1999 and up to 31.3.2002.

 

76. Income of Trade Union or association of trade unions from house property and income from other sources.

 

77. Income of statutory provident fund under Provident Fund Act, 1925, or recognized provident fund or an approved superannuation fund or approved gratuity fund, etc.   

 

78.  Income of the Employees' State Insurance Fund set up under the ESI Act, 1948.      

 

79.  Income of members of scheduled tribes residing in specified areas.

 

80. Income of a statutory corporation, body, association or institution formed or established for promoting the interests of the members of Scheduled Castes or Scheduled Tribes or backward classes or of any two or all of them.

 

81. Income of a Corporation established by the Central/State Government for promoting the interests of a notified minority community.

 

82. Income of an Ex-Service men Corporation established under an Act, or the welfare and economic upliftment of ex-servicemen being the citizens of India.

 

83. Income of a Cooperative Society formed for promoting the interest of members of either the Scheduled Caste or Scheduled Tribes.

 

84. Income of Coffee Board, Rubber Board, Tea Board, Tobacco Board, Marine Products Export Development Authority, Agricultural and Processed Food Products Export Development Authority and Spices Board.

 

85. Subsidy received from Tea Board for replantation or replacement of tea bushes or for rejuvenation or consolidation of areas used for cultivation of tea under any scheme notified by the Central Government.

 

86.  Subsidy received from the Rubber Board, Coffee Board, Spices Board or any other Board under any scheme of replanting or replacement.

 

87.  Income of minor child liable to be included in income of his parent U/s 64(1 A) up to a maximum of Rs. 1,500 per minor child.

 

88.  Any Capital Gain arising on transfer of units of Unit Scheme, 1964 on or after 1.4.2002.  

89. Dividends distributed on or after 1.4.2003 by a domestic company and subjected to additional income-tax u/s 115-0. This dividend shall not be included in the total income of a SEZ Developer or entrepreneur.

 

90. Income in respect of units of the specified undertaking or the specified company defined under the UTI.

 

91.  Any long-term capital gain arising on transfer of eligible equity shares of a company acquired on or after 1.3.2003 but before 1.3.2004 and held for 12 months or more.

 

92. Any Capital gain arising to an individual/HUF on compulsory acquisition of an agricultural land in urban areas, where the compensation/consideration is received by the assessee on or after 1.4.2004. Provided, the land was being used for agricultural purposes by the HUF/individual or his parent(s), during the period of two years immediately before acquisition.

 

93. Any long-term capital gains from transfer of equity shares of a company or units of an equity oriented fund on or after 1.10.2004 and subject to Securities Transaction Tax.

 

94. Notified Income arising to notified person(s), from notified international sporting event held in India.

 

95. Income by way of grant, etc. received by a subsidiary company, from its holding (Indian) company engaged in the business of generation or transmission or distribution of power, for settlement of dues in connection with reconstruction or revival of an existing business of power generation.

 

96. Any capital gain arising from transfer of an asset of an undertaking engaged in the business of generation or transmission or distribution of power, effected on or before 31.3.2006, to an Indian company. 
                                                                                                                                                                                                                                                                                                                                         
 

"Tax Plaining Tips"


 

Every assessee can save a part of the amount of tax being paid by him/her. To save the tax being paid, assessee has to do proper planning of his funds or income.

 

Following are a few hints to save Tax:

 

1. Avail the benefit of basic exemption limit of Rs. 1,10,000 [in case of women assessees below 65 years – Rs. 1,45,000 and Senior Citizens – Rs. 1,90,000]. Make maximum family members as assessees, thus to avail basic exemption as aforesaid, in the hands of the members of the family.

 

2.  Making women or senior citizens as assessees is advantageous due to the higher exemption limit.

 

3.  Investing in shares of companies and units of Mutual Funds/UTI can save tax as income from them is fully exempt u/s 10(34)/ (35).

 

4.  By investing in long term saving schemes specified u/s 80C and 80CCC, one can avail deduction from income up to Rs. 1,00,000.

 

5.  Invest money in notified Government Securities and Schemes, the income from which is totally exempt from Income tax such as: interest credited to the Public Providend Fund (PPF) accounts, tax free bonds of public sector companies like NTPC, NPC, IRFC etc, Post office Savings Bank Account carrying interest @ 3.5% p.a. credited annually.

 

6.  Gifts given to relatives or received from them are not subject to any tax, neither to the donor nor donee.  Gifts from non-relatives should be restricted to Rs. 50,000 in aggregate during a financial year, as the amount exceeding will be taxable.

 

7.  Also invest in Kisan Vikas Patra, Life insurance schemes, Money Back Policies like Jeevan Akshay, Jeevan Dhara, Jeevan Suraksha, Bima Nivesh Yojana etc.
 


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