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Incomes Exempt From Tax

 

Section

Eligible Assessee

Type of Income

Limits

Conditions

10(1)

Any assessee

Agricultural Income

Entire amount

1) Only income from agriculture as defined under section 2(1A) is
exempt. Income from agricultural processing is chargeable to tax.
2) Agricultural income is includible in the total income only for limited
purpose of determining the tax rates at which the assessee would
be taxed.
3) Agricultural income shall include income derived from sapling or
seedling grown in nursery.( Explanation 3 to sec: 2(IA) of Finance
Act 2008)

10(2)

Any individual, being a member of HUF

Amount received as share of income from the HUF

Entire amount

1) The exemption is subject to the provisions of Section 64(2).
2) Such sum has been received out of the income of the family 3) In case of any impartible estate, such sum has been paid out of the
income of the estate belonging to the family.

10(2A)

Any assessee, being a partner of a partnership firm

Amount received as share

Entire amount

1) Exemption is allowable only if the partnership firm of which the
of profits from the firm assessee is a partner is assessed as such.
2) Emoluments other than share of profit received from the firm such
as remuneration, interest, etc. remain taxable subject to the
provisions of section 40(b).

10(4)(i)

Any assessee, being a non-resident within the meaning of Section 6 of the Income-tax Act, 1961.

Amount received as interest or premium on redemption on specified bonds or securities

Entire amount

1) Bonds or securities must be specified by the Central Government
by notification in the Official Gazette on or before 1st June, 2002.
For Specified Securities Refer Notification No. S0-3331 dt. 19.10.65

10(4)(ii)

An individual, being a non- resident within the meaning of Section 2(q) of the Foreign Exchange Regulation Act, 1973

Amount received as interest on Non Resident (External)account

Entire amount

1) Vide Finance (No. 2) Act, 2004, w.e.f. 1-4-2005, the clause that of
any income by way of interest paid or credited on or after 1st April,
2005 to NRE Account has been deleted and made taxable,

However vide Finance Act, 2005, w.e.f. 1-4-2006 this change so
made was again deleted and exemption was restored.

2) Money has been deposited in the NRE A/c in accordance with the
Foreign Exchange Regulation Act, 1973

10(4B)

Non-resident individual, being a citizen of India or a person of Indian origin

Amount received as interest from prescribed savings certificates

Entire amount

1) The savings certificates must be issued before 1st June, 2002 and
must be specified by Central Government by notification in the
Official Gazette.

2) The savings certificates must be subscribed for in convertible
foreign exchange remitted from a country outside India in
accordance with provisions of Foreign Exchange Regulation Act,
1973 and any rules made thereunder.

10(5)

An individual

Amount received as leave travel concession from employer or former employer

Entire amount received or the amount actually spend for the purpose of travel whichever
is less

1) The exemption is available only subject to the conditions prescribed by the Central Government in this regard. (For details refer Rule 2B of the Income-tax Rules,1962.)

10(6)(ii)

An individual, being a person who is not a citizen of India

Amount received as remuneration as an official of an embassy, high commission, legation, commission, consulate or trade representation of a foreign state

Entire amount

1) Remuneration of the corresponding Indian officials in the respective foreign state to which the assessee belongs should also be exempt from tax.
 

10(6)(vi)

An individual, being a person who is not a citizen of India

Amount received as remuneration as an employee of a foreign enterprise for services rendered by him during his stay in India

Entire amount

1) The foreign enterprise must not carry on any business in India
2) The stay of the assessee in India should not exceed a period of 90 days
3) The remuneration so paid is not liable to be deducted from income of employer chargeable under the Income- tax Act, 1961.

10(6)(viii)

An individual, being a person who is not a citizen of India

Amount received as salary as remuneration
for services on a foreign
ship

Entire amount

1) Stay in India should not exceed ninety days.
 

10(6)(xi)

An individual, being a person who is not a citizen of India

Amount received as remuneration by an employee of Government
of a foreign state

Entire amount

1) The amount should be received in connection with training for any establishment or office owned by certain specified persons.
 

10(6A)

A foreign Company

Tax paid on income earned by way of Royalty or fees for technical services

Entire amount

1) Income is received from Government or Indian concern under an agreement
2) The agreement must be approved by the Central Government or must relate to matter included in industrial policy.
3) The agreement must be made before the 1st day of June, 2002.

10(6B)

A non-resident (not being a foreign company) and a foreign company.

Tax paid on income (not being salary, royalty or fees for technical services)

Entire amount

1) Income is received from Government or an Indian Concern
2) Income must be derived in pursuance of an agreement entered into by the Central Government with the government of a foreign state or an international organization.
3) The agreement must be entered into before the 1st day of June, 2002.

10(6BB)

Government of a foreign state or a foreign enterprise

Tax paid on income derived from leasing an aircraft or an aircraft engine to an Indian Company.

Entire amount

1) Income should be for leasing of aircraft or aircraft engine & not
for providing spares, facilities or services w.r.t. Operation of
aircraft.
2) Income must be derived in pursuance of an agreement
approved by the Central Government.
3) The agreement must be entered after 31st March, 1997 but
before 1st April, 1999 or entered into after 31st day
of March, 2007
4) Foreign enterprise means a person who is non-resident.

10(6C)

Foreign companies notified by the Central Government.

Royalty or fees for technical services.

Entire amount

1) Income must be derived in pursuance of an agreement entered
into with the Central Government
2) The agreement must be for providing services in projects
connected with the security of India.
3) Services may be provided in India or outside.

10(7)

A citizen of India.

Allowances and perquisites paid or allowed outside India.

Entire amount

1) The allowances and perquisites must be paid or allowed by the
Government.
2) Services must be rendered outside India.

10(8)

An individual.

Remuneration, and any other income accruing or arising outside India.

Entire amount

1) The individual must be engaged in duties in connection with
any co-operative technical assistance programmes and projects.
2) The Central Government must have entered into an agreement
with the Government of a foreign state for such programme or project.
3) The remuneration must be received from the Government of that foreign state.
4) The individual must be required to pay Income tax or social security tax to the Government of the foreign state, in respect of any other income.

10(8A)

1) Individuals who are either not ordinarily resident or are not citizens of India.
2) Any other person who is non resident

Any remuneration, fee, and any other income accruing or arising outside India.

Entire amount

1) Remuneration or fee must be received from an international organization.

2) There must be a technical assistance grant agreement between the organization and the Government of a foreign state.

3) The individual must be required to pay Income tax or social security tax to the Government of the foreign state, in respect of any other income.

4) The individual must be engaged by the organization for rendering technical services in India in connection with any technical assistance programme or project.

5) The technical assistance must be in accordance with an agreement entered into by the Central Government and the organization.

6) The Additional Secretary, Department of Economic Affairs in
Ministry of Finance, should approve the agreement relating to the engagement of the individual in concurrence with Member (Income-tax) CBDT.

10(8B)

An individual who is either not a citizen of India or is not ordinarily resident in India.

Remuneration for services rendered in India and any other income accruing or arising outside India.

Entire amount

1) Remuneration must be received from the individual referred to in 10(8A) above.

2) The individual must be required to pay Income tax or social security tax to the Government of the foreign state, in respect of any other income.

3) The Additional Secretary, Department of Economic Affairs in
Ministry of Finance, should approve the contract of service of the individual in concurrence with Member (Income-tax) CBDT

10(9)

Member of the family of the individual mentioned in sections 10(8), 10(8A),10(8B)

Any income accruing or arising outside India.

Entire amount

1) The individual must be a member of the family of the individual mentioned in 10(8), 10(8A), 10(8B).

2) The individual must be required to pay Income tax or social security tax to the Government of the foreign state, in respect of any other income.

10(10)

An individual

Gratuity.

As per conditions specified in section

As per conditions specified in the Section [For details Refer to the Salary Section]

10(10A)

An individual

Commuted pension

As per conditions specified in the section

As per conditions specified in the Section [For details Refer to
 Salary Section]

10(10AA)

An individual

Leave encashment specified in the section.

As per conditions

As per conditions specified in the Section [For details Refer to
 Salary Section]

10(10B)

An individual

Compensation

Lesser of (i) an amount calculated as per section 25F(b) of the Industrial
Disputes Act, 1947
or (ii) Rs. 5,00,000 or (iii) actual amount received.

1) The limits do not apply to any compensation received in accordance with any scheme of the Central Government.
(For details refer to Salary Section)

10(10BB)

Any assessee

Amounts received under the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985.

Entire amount

1) If the assessee has been allowed a deduction on account of  any loss or damage caused by the disaster, amounts up to such loss or damage will not be exempt.

10(10BC)

Individual or his legal heir

Compensation from Central Government, State Government or Local authorities on Account of any
disaster.

No limit

Exemption not allowed on the amount allowed as deduction under any
other section under the Income-tax Act on account of loss or damage
caused by such disaster.

10(10C)

An individual

Compensation for voluntary retirement

Maximum of Rs. 5,00,000.

1) The scheme of voluntary retirement should be framed as per Rule 2BA of the Income Tax Rules.( for Details refer to Salary Section)

10(10CC)

An individual

Tax on non-monetary perquisites paid by the employer

Entire amount.

1) Tax can be paid by the employer notwithstanding section 200 of the Companies Act.

10(10D)

An individual

Sum received under a life insurance policy including the sum allocated by way of bonus on such policy.

Entire amount

The following sums are not exempt:
1) Any sum received under S. 80DD(3) or S. 80DDA(3)
2) Any sum received under a Keyman insurance policy.
3) Any sum received under an insurance policy issued on or 1-4-2003 where premium payable for any of the years after after exceeds 20% of the actual capital sum assured unless such sum is received on death of a person.
Moreover for the purpose of this section “Actual Capital Sum Assured” shall be calculated in a manner provided in Explanation to section 88(2A) or 80C(3).

10(11)

An individual

Payments received from a provident fund.

Entire amounts

The provident fund should fall within the purview of the Provident Funds Act, 1925 or should be set up and notified by the Central Government.
Refer Notification No. S0 – 2430 dt. 2.7.68
 

10(12)

An individual

Accumulated balance in a recognized provident fund

To the extent provided in rule 8 of Part of the Fourth Schedule of the Income-tax Act.

Employee has rendered 5 or more years of service or termination of
service is due to ill-health or closure of business by employer or the balance is transferred from one recognized P.F. to another recognized
P.C.

10(13)

An individual

Any payments received from an approved superannuation fund.

Entire amount made-—

The payments from the approved superannuation fund should be
1. On the death of a beneficiary or,

2. By way of refund of contribution on the death of beneficiary or,

3. To an employee in lieu or in commutation of an annuity on his
retirement at or after a specified age or on his becoming incapacitated prior to such retirement or,

4. By way of refund of contributions to an employee on his leaving the service in connection with which the fund is established otherwise than by retirement at or after a specified age or on his becoming incapacitated prior to such retirement, to the extent to which such payment does not exceed the contributions made prior to the commencement of this Act and any interest thereon.

10(13A)

An individual

House rent allowance

As per rule 2A

As per rule 2A

10(14)

An individual

Prescribed allowances

As per rule 2BB.

For Details refer to Salary Section

10(15)

 

Interest, premium on redemption and other
payments on securities,
bonds, annuity certificates, saving certificates and
notified deposits.

Entire amount

 

10(15A)

Government of a foreign state or a foreign enterprise

Income derived from leasing an aircraft or an aircraft engine to an Indian Company.

Entire amount

1) Income should be earned in pursuance of an agreement approved by the Central government.

2) Exemption is not available in case of agreement entered into between 1st April, 1997 and 31st March, 1999.

3) Exemption is not available in case of agreement entered into on or after 1st April 2007

10(16)

An individual

Scholarships

Entire amount

Scholarships should be received to meet the cost of education.

10(17)

A Member of Parliament or of any State Legislature or of any Committee thereof.

Prescribed Allowances

Entire amount

Amendment: Under the amendment provided in Finance Bill 2006
the Pattern of exemptions will be as follows:

1) Daily Allowance Fully exempt for Member of Parliament as well as for Members of State Legislature

2) Constituency AllowanceFully exempt for Member of Parliament as well as for Members of State Legislature

3) Any AllowanceFully exempt for Member of Parliament as well as for Members of State Legislature

10(17A)

Any assessee

Awards received in cash or kind.

Entire amount

The award should have been instituted by the Central or State Government, or by any other body and approved by the Central Government.

10(18)

Central or State Government employee.

Pension/ Family Pension

Entire amount

1) The individual should have been awarded the “Param Vir Chakra” or the “Maha Vir Chakra” or the “Vir Chakra” or such other gallantry award as notified.

10(19)

Widow or children or nominated heirs of the armed forces of the union

Family pension

Entire amount

Subject to such conditions as may be prescribed. w.e.f. 1-4-2005.

10(19A)

An individual

Annual value of a palace in the occupation of a ruler.

Entire amount.

1) The annual value should have been exempted before by virtue of the provisions of the merged States (Taxation Concessions) Order, 1949 or the Part B States (Taxation Concessions) Order, 1950 or the Jammu & Kashmir (Taxation Concessions) Order, 1958.

10(20)

A local authority

Income from House Property, Capital gains or Income from other sources or income of specified trade or business.

Entire amount.

Income from a trade or business should arise from:
1. Supply of a commodity or service, other than water or electricity, within its own jurisdiction.
2. Supply of water or electricity within or outside its jurisdiction.

10(21)

A scientific research association

Any income.

Entire amount.

1) The scientific research association should have been approved for the purpose of 35(1)(ii).

2) Other conditions prescribed in S.10(21) should be fulfilled.

10(22B)

A news agency

Any income.

Entire amount.

1) The news agency should be notified by the Central Government.
2) The news agency should have been set up solely for collection and distribution of news and should apply its income or accumulate it for application solely for such purpose

10(23A)

An approved association or institution established in India.

Any income other than:

1. Income from House Property

2. Income for rendering specific services

3. Interests or dividends on investments

Entire amount

1) The institution should have as its object the control, supervision, regulation or encouragement of the profession of law, medicine, accountancy, engineering or architecture or other specified profession. (namely company secretary, materials management, chemistry & town planning)

2) The institution applies its income or accumulates it for  application for its objects only.

3) The institution is approved by Central Government.
[Refer Circular No. 584 dt. 13.11.90]

10(23AA)

Any person

Any Income

Entire amount.

1) Income should be received on behalf of any Regimental fund or Non-Public Fund established by the armed forces.

10(23AAA)

Employees Welfare Fund

Any income

Entire amount

1) Income should be received on behalf of a fund established for purposes notified by the Board for welfare of employees or their dependants.

2) Fund is approved by Commissioner.

3) Contributions/other sums received by the fund are invested as per section 11(5).

10(23AAB)

Pension Fund

Any income

Entire amount

1) Income should be received on behalf of a fund established by LIC or any other insurer under a pension scheme duly approved by appropriate authority.

10(23B)

Society or public Charitable trust

Any income

Entire amount

1) The society or the trust must exist solely for the purpose of development of khadi or village industries and not for the purposes of making profits.

2) The Society/Trust is approved by Khadi & Village Industries Commission

10(23BB)

Khadi and industries Board

Any income

Entire amount

Any statutory Authority

10(23BBA)

Body or authority under Central State or Provision Act

Any income

Entire amount

1) The body or authority should provide for the administration of religious or public charitable trusts.

10(23BBB)

European Economic Community

Interest, dividends or capital gains from investments

Entire amount

1) Instruments made out of its funds under notified scheme

10(23BBC)

SAARC Fund

Any income

Entire amount

1) Regional Projects set up under Colombo declaration

10(23BBD)

Secretariat of Asian Organisation of the Supreme Audit Institutions registered as ASOSAI – SECRETARIAT under Societies Registration Act, 1960

Any income

Entire amount

Exemption is available from Assessment Year 2001-02 to 2010-11.

10(23BBE)

IRDA

Any Income

Entire amount

 

10(23BBF)

North Eastern Development Finance Corporation Ltd. registered under Companies Act, 1956

Any Income

As provided in the proviso

-

10(23BBG)

Central Electricity Regulatory Commission constituted under Section 76(1) of Electricity Act, 2003.

Any Income

Entire Income

-

10(23C)

Any income of the following:

i) P.M.’s National Relief Fund, ii) P.M.’s Fund iii) National foundation for communal harmony iv) University or other educational institution v) hospital financed by the government for treatment of specified diseases vi) PM’s Aid to Students fund.

ii) For details please refer the relevant section

Amendment: On or after 1st, June 2006 application for grant of exemption or continuance thereof shall have to be filed during the Financial year immediately Preceding the assessment year from which exemption is sought.

Further w.e.f. 1-4-2007 any anonymous donation on which tax is payable shall be included in the total income u/s. 10(23C) of the Act. w.e.f. 1-6-2007, the Charitable Institutions or trusts have to be approved by the prescribed authority instead of Central Government.

10(23D)

Mutual Funds

Any income

Entire amount

1) The Mutual Fund must be a registered under SEBI Act or it should
be a notified mutual fund set up by Public Sector bank or public
financial institution or authorised by RBI

10(23EA)

Investor Protection Fund set up by recognised exchange in India

Any income

Entire amount

From assessment year 2007-08 exemption under this section shall be
available only with respect to income received by way of contribution received from Recognised Stock Exchange and members thereof.

10(23EB)

Credit Guarantee Fund
Trust for Small Industries

Any income

Entire amount

Trust is created by Government of India and SIDBI.

10 (23EC)

Investors Protection Fund set up by Commodity Exchanges in India

Contribution received from commodity exchanges and its members

Entire amount

1) Applicable w.e.f assessment year 2008-2009.
 
 

10 (23FA)

Venture Capital Fund or company

Income by way of dividend & long term capital gains

Entire amount

1) The venture capital fund or company is approved by Central Government.

2) Investment should must be made before 1-4-2000.

3) Refer section for other conditions.

10(23FB)

Venture Capital Fund or company

Any income from investment

Entire amount

1) For relevant definitions and other conditions please refer the Explanation to section 10(23FB)

10(23G)

Infrastructure Capital Company or fund or a Co-operative bank

Dividends, interest or long-term capital gains

Entire amount

1) Exemption was available till A.Y. 2006-07. For relevant definitions
and other conditions please refer the Explanation to
section 10(23G)

10(24)

Registered Trade Union

Income from House Property and Income from other sources

Entire amount

 

10(25)

Approved Provident Fund

Capital Gains and any income of certain
specified fund

Entire amount
 

 

10(25A)

Employees State Insurance Fund

Any Income

Entire amount

 

10(26)

Member of Scheduled Tribe residing in specified areas

Income arisen or accrued  from any source in the specified areas

Entire

1. Membership of Scheduled Tribe as defined in Article 366(25) of the Constitution.

2. He must reside in any area specified in Part I or Part II of the table appended to Paragraph 20 of Sixth Schedule to the Constitution or in the States of Arunachal Pradesh, Manipur,
Mizoram, Nagaland & Tripura or in the areas referred to in the Notification by Governor of Assam dt. 23-2-1951 or in the Ladakh region of the State of J & K.

10(26AAA) Inserted by(Finance Act, 2008)

Individual

Income from any source in the State of Sikkim, or by way of dividend or interest on securities

Entire

Individual should be a Sikkimise as defined under this section

10(26AAB)

Income of an agricultural produce market committee or board

Any Income

Entire Amount

1) The committee or board should be constituted under any law for
the time being in force.

2) It should be constituted for regulating the marketing of agricultural
products.

10(26B)

Corporation of Government or any body wholly financed by government

Any Income

Entire

1. The corporation should be established by a Central, State or
Provincial Act.

2. Such a corporation or any body should be established for promoting interest of members of Scheduled Caste or Scheduled Tribe or backward classes or all of them

10(26BB)

Corporation established by Central Government or any State Government (National Minorities Development & Financial Corporation)

Any Income

Entire

1. Such a corporation should be established for promoting interest of
members of notified communities

2. Muslims, Christians, Sikhs, Buddhists, Zoroastrians/Parsis are notified minority communities for the purpose of this section

10(26BBB)

Corporation established by Central, State or Provincial Act

Any Income

Entire

1. Such a corporation is established for the welfare & economic upliftment of ex-Servicemen being citizens of India

10(27)

Co-operative Society

Any Income

Entire

1. Society is formed for promoting interest of members of Scheduled
Caste or Scheduled Ttribe or both referred to in clause (26B)

2. Membership of the society is limited to only the co-operative societies formed for similar purposes

3. Finance of such society is provided by government or such
other societies.

10(29A)

Specified commodity boards/export development authorities

Any Income

Entire

Date of exemption is either 1-4-1962 or the dates when these specified boards/authorities were constituted whichever is later

10(30)

Assessee engaged in business of growing & manufacturing tea in India

Subsidy income from Tea Board

Entire Subsidy

1. Subsidy is received as per scheme specified by government.

2. For exemption a certificate from Tea Board showing the amount of subsidy paid to the assessee during the previous year has to be attached with the return of income.

10(31)

Assessee engaged in business of growing & manufacturing rubber, coffee, cardamom or such other commodity in India as notified by Central Government

Subsidy income from concerned commodity board

Entire Subsidy

1. For exemption a certificate from concerned board showing the amount of subsidy paid to the assessee during the previous year has to be attached with the return of income

10(32)

Individual

Any income per child

Up to Rs. 1500

1) Wherever income of minor child is clubbed in the income of the parent by virtue of Section 64(1A), an amount up to Rs. 1,500 shall be allowed as an exemption

10(33)

Any person

Income arising from transfer of unit of US-64

Entire amount

Scheme

1) Transfer of such units takes place on or after  1-4-2002

10(34)

Any person

Dividend income referred to u/s 115-O

Entire amount

 

10(35)

Any person

Income from units of a
Mutual Fund other than
income arising from transfer.

Entire amount

 

10(36)

Any person

Long term Capital Gain.

Entire amount

1) The capital gain must arise on transfer of equity shares of a listed
company purchased from the stock exchange or in a public issue
purchased between 1st March, 2003 and 1st March, 2004 and held
for more than 12 months.

10(37)

Individual or HUF

Capital gains on transfer of agricultural land situated in area specified in item (a) or (b) of section 2(14)(iii).

Entire amount

1) The capital gains must arise from compulsory acquisition of agricultural land held in an urban area and compensation is received on or after 1st April, 2004

2) Such land was used by the HUF or in case of individual by himself or his parents, for a period of 2 years immediately preceding the date of transfer.

3) Such transfer is by way of compulsory acquisition under any law,
or a transfer whose consideration is determined or approved by the Central Government or the Reserve Bank of India.

4) The consideration or compensation for such transfer is received by the assessee on or after 1st April, 2004

10(38)

Any person

Long Term Capital Gains on transfer of Long term capital asset being equity share in a company or a unit of an equity oriented fund.

Entire amount

1) Such transaction of transfer/sale of equity share in a company or a
unit to an equity oriented fund is chargeable to securities
transaction tax.

Amendment 1: With effect from A.Y. 2007-08, Long-Term Capital Gain
generated by a company which is exempt under this section will be taken into consideration for calculation of Book Profits u/s 115JB for purpose of calculating MAT

Amendment 2: Definition of Equity Oriented Fund has been amended from June 1, 2006. Equity Oriented Fund means a Fund where investable funds are invested by way of equity shares in Domestic Companies to the extent of more than 65%

10(39)

Person or persons notified by Central Government in the Official Gazette

Specified income arising from any international sporting event in India

Entire specified income

1. International sporting event has to be approved by the international body regulating the international sport relating to such event.

2. Such an event must have participation by more than 2 countries.

3. Such an event has to be notified by the Central Government in the Official Gazette.

10(40)

Subsidiary co. of a co. engaged in the business of generation etc. or distribution of power

Grant income or other income received from  Indian holding co.

Entire grant or that other income

1. Exemption is available only if such income is received for settlement of dues in connection with reconstruction or revival of an existing business of power generation.

10(41)

Any undertaking engaged in the business of generation, transmission or distribution of power

Capital gain on transfer  of asset

Entire capital gain

1. Transfer should be effected on or before 31-3-2006 to the Indian
company notified u/s 80IA(4)(v)(a).

10(42)

Non Profit Body or Authority Notified by Central Government

Specified Income

Entire amount

Such Body or Authority should be established, constituted or
appointed under a Multilateral Treaty, Agreement or Convention to which Central Government is a Signatory.

10(43)

Individual

Income from Transaction of Reverse Mortgage

Entire amount

Such Reverse Mortgage scheme is made and notified by the Central Government.

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