Section 10 of Income Tax Act, 1961

This article is written by Satyaki Deb, a final year B.A.LL.B.(Hons.) student from the Department of Law, Calcutta University. This article provides an exhaustive overview of the exemptions available under Section 10 of the Income Tax Act, 1961 with relevant case laws and illustrations from an analytical viewpoint.

It has been published by Rachit Garg.

Table of Contents

Introduction

It is a common fact that the income tax is payable based on the gross income of an individual, earned in the previous year. But there are certain categories of income expressly envisaged under Section 10 of the Income Tax Act, 1961 (hereinafter referred to as the Act) that do not come under the total income of a person. In other words, Section 10 lays down those categories of income which are non-taxable. Based on the sources of income, it is Section 10, under Chapter III of the Act which makes certain incomes fully non-taxable and some partially non-taxable.

E.g. when an individual owns a coffee estate in Karnataka and has a yearly turnover of Rs. 50,00,000, all of this will not fall under the category of taxable gross income. A major portion of this income will be exempt from income tax, such income being the agricultural income which enjoys the status of exemptions, courtesy to Section 10 of the Act.

Background

Before delving into the exemptions enumerated under Section 10 of the Act, it is crucial to clear up a common confusion between the terms exemptions, deductions and rebate related to income tax payments. The following table briefly portrays the differences between these terms:

Scope and applicability of Section 10 of Income Tax Act, 1961

The scheme of exemptions under Section 10 of the Act applies to those assessees subject to the provisions of Section 5 (scope of total income) and Section 6 (determination of residential status in India) of the Act read with their respective income tax slabs. In other words, any resident or non-resident of India can get the advantage of the exemptions under Section 10 of the Act, subject to the provisions and related Income Tax Rules therein.

A brief overview of exemptions under Section 10 of Income Tax Act, 1961

Exemptions under Section 10 of Income Tax Act, 1961

For the determination of the total gross income of any person, the following incomes mentioned under the clauses of Section 10 of the Act shall not be included in the computation process unless otherwise stated:

Agricultural income [Section 10(1)]

In accordance with Section 10(1) of the of the Act, the agricultural income of a person shall not be considered during the computation of an assessee’s total income. To get a better picture of the dimensions of the word ‘agricultural income’, it is paramount to understand the wide scope of this particular word.

Scope of the term ‘agricultural income’ under Section 10(1)

• Any form of revenues or rents originating or derived from a land in India which is being used for agricultural purposes fall under the ambit of the term ‘agricultural income’. These revenues or rents may be received by the owner from the tenant or even from sub-tenant to tenant. The implication of this is that the ownership of the land is not necessary to have agricultural income. It may be noted in this regard that if the agricultural land is present in a foreign country, then the entire income will be taxable. In other words, agricultural income from foreign lands is not exempt under Section 10(1).
• The term ‘agricultural income’ under Section 10(1) also includes any income originating from the basic operations or subsequent operations that are used to make the agricultural produce fit for being taken for their sale in the market. These operations include activities like tilling of the land, sowing seeds, cleaning, winnowing, drying, crushing etc. Thus, any income derived from all these activities or operations (whether manual or mechanical) will fall under the head of ‘agricultural income’ under Section 10(1).
• Any income originating from the sale of the agricultural produce itself comes under the ambit of ‘agricultural income’ envisaged under Section 10(1). A pertinent point that is to be noted in this regard is that as long as the agricultural produce is sold raw in the market or ordinary means are employed to render the agricultural produce ready for the market, such income will come under ‘agricultural income’. In other words, whenever the agricultural produce is subjected to operations or processes that are not ordinarily employed to make the produce ready for sale, such incomes will be treated as a combination of both agricultural income and business income. E.g.: In the cases of cash crops like tea, coffee, cotton, tobacco, they are subjected to further manufacturing processes before being commercially sold and all these incomes will then be a mix of agricultural income and business income.

Case law related to exemption of agricultural income

Dy. CIT v. Best Roses Biotech (P) Ltd. (2011, ITAT Ahmedabad Bench)

Facts of the case

• The assessee had obtained a piece of land on lease from an agriculturalist and had constructed a greenhouse project.
• In this greenhouse project, he was growing roses but not in the conventional style.
• The roses were grown with the latest scientific techniques in a controlled atmosphere on a bridge of plastic trays present a couple of feet above the ground.
• The income from the rose plants was claimed as an exemption under agricultural income under Section 10(1) but the Assessing Officer refused the same on the grounds that the roses were not planted on earth (land) and thus not eligible for exemption.

Judgement

• It was held that the assessee’s income falls under the ambit of ‘agricultural income’ under Section 10(1) and thus, cannot be computed under the total income of the assessee.
• Reliance was placed on the fact that the use of the advancement of technology and advanced equipment for cultivation purposes amounted to the agricultural operation of the assessee.
• Several other connected authorities also endorsed the assessee’s operation as an agricultural operation and as a corollary, the income from it became exempted agricultural income.

Does income from nursery constitute agricultural income

In accordance with Explanation 3 to Section 2(1A) of the Act, income arising from nurseries indeed falls under the category of agricultural income and is exempt from income tax. It is immaterial whether the saplings or seeds were grown on land or not.

Income tax exemption for income from farm buildings

It is pertinent to note that income accruing out of the use of farm buildings for any plans or purposes (including letting out for residential reasons or for the objective of business or profession) other than agriculture would not constitute agricultural income and thus would not be exempt from income tax under this clause.

Although subject to the following conditions, income from farm buildings can constitute agricultural income, viz:

1. The building should be on the agricultural land or in its immediate vicinity and the assessee should, by reason of his relation with such agricultural land, require it as a dwelling place or as a storehouse.
2. The agricultural land should either be subject to land revenue in India or be assessed subject to a local rate and the same be collected by government officers.
3. If the agricultural land is not subject to land revenue, then as per Income Tax Rules, such income from those farm buildings may constitute agricultural income subject to government rules related to distance from nearby municipalities and their population.

Income Tax Rules related to exemption of agricultural income

Amount accepted from the income of the HUF by an individual who is a member of the HUF [Section 10(2)]

In accordance with Section 10(2) of the Act, when a member of HUF (Hindu Undivided Family) receives his share of family income or his share from the impartible family estate, as the case may be, such income is fully exempt from income tax. It is pertinent to be noted in this regard that a member of HUF’s personal income is not exempt from income tax. Only the money given to him out of the family income or impartible family estate belonging to the HUF is exempt from income tax.

ILLUSTRATION:

Mr. W is a member of a HUF (Hindu Undivided Family) and he receives from the HUF Rs. 3,00,000/- per annum as his share of family income. He also works as an employee at a company in personal capacity and gets paid Rs. 5,00,000/- per annum. In accordance with Section 10(2), Rs.3,00,000/- i.e. his share of family income is fully exempt from income tax but his personal income of Rs.5,00,000/- is taxable as per his chosen income tax slabs.

Share of profit of a firm received by its partner [Section 10(2A)]

In accordance with Section 10(2A) of the Act, when a partner of a firm or LLP (Limited Liability Partnership) receives a share of the firm’s profit, such share of profit is fully exempt from income tax. A very pertinent point which is to be noted in this regard is that any other types of remuneration or interests on capital received by the partner from the firm are not exempt from income tax.

Interest to non-residents [Section 10(4)]

In accordance with Section 10(4)(i) of the Act, when a non-resident [defined under Section 2(w) of the Act] has income from interests accrued from certain bonds and securities duly notified by the Central Government, such income is exempt from income tax.

And according to Section 10(4)(ii) of the Act, when a non-resident individual has income from interest on money standing to his credit in a Non-Resident (External) Account maintained with any banks in India as per the provisions of Foreign Exchange Management Act, 1999 (42 of 1999), and the rules made thereunder and subject to compliance with RBI norms, such income is exempt from income tax.

Interest on notified savings certificates [Section 10(4B)]

In accordance with Section 10(4B) of the Act, any non-resident individual who is an Indian citizen or a person of Indian origin (PIO), who has any income in the manner of interest accruing from notified savings certificates subscribed in convertible foreign exchanges, issued before the 1st day of June, 2002 by the Government of India is exempt from income tax.

Leave travel concession [Section 10(5)]

In accordance with Section 10(5) of the Act, any employee who has made an actual journey can claim the exemption in respect of Leave Travel Concession (LTC) subject to these conditions under Rule 2B of the Income Tax Rules. It may be noted in this regard that this exemption is available to all employees i.e. Indian and foreign citizens alike. An employee can use this benefit of exemption under Section 10(5) in respect of the value of any travel concession or assistance accepted or due to him from his current or former employer for himself and his family members in relation to his travelling on leave to any place within India. Some of the conditions based on which Leave Travel Concession can be taken are as follows:

• Where the journey is made by air transport, the amount of exemption available under clause (5) of Section 10 will be the lesser of the actual amount spent for such flight or the economy class airfare of the national carrier via the shortest route.
• When the journey is made by railways, the amount of exemption under this clause will be the lesser of the actual amount spent or the quantum of air-conditioned first-class railway fare via the shortest route.
• When the place of destination is neither connected by air travel or railways, then

• In the case where recognised public travel is availed, the exemption will be the lesser of the actual amount spent or deluxe class or first class fare by the shortest route.
• In the case where no recognised public transport system is available, the exemption will be an amount equivalent to the air-conditioned first class railways fare, for the distance of the journey via the shortest route, and it shall be assumed as if such journey had been carried out by railways or the actual amount spent will be exempted, whichever is less.

• These exemptions under Section 10(5) are available for a total of two journeys in a block of four years. The current block year is 2022-2025 and the previous block year was 2018-2021.
• If the employee has unused exemption available under one block, he can carry forward one block to the next block but in case of such carry over at least one travel exemption must be claimed in the first year of the block.
• Family members can also travel with the employee but family for the purposes of the exemption under this clause will include the spouse and children of the individual employee, whether dependent or not and parents, sisters, brothers of the individual employee or any of them who are mainly or wholly reliant on him. This exemption is restricted to only two surviving children born after the date of October 1, 1998 (multiple births post the birth of the first single child will be treated as one child only for this clause), however, such restriction is not applicable to children born before the date of October 1, 1998.
• Exemptions are available only for fare incurred i.e. other expenditures related to lodgings, porter charges etc do not fall attract exemption vide Section 10(5).

Thus, under this clause and subject to the conditions mentioned above any employee can claim exemption from Income Tax in respect of Leave Travel Concession (LTC) or Leave Travel Allowance (LTA) for actual journeys made. Lastly, it goes without saying that no actual journey made means no exemption.

Case law related to Leave Travel Concession (LTC)

Commissioner of Income tax & ANR v. M/s Larsen & Toubro Ltd. (Supreme Court, 2009)

Issue: Whether the assessee(s) was under a statutory obligation under the Income Tax Act, 1961, and/or the Income Tax Rules to gather evidence to show that its employee(s) had actually utilised the amount(s) paid for the purposes of Leave Travel Concession (LTCs) or Conveyance Allowance?

Judgement: It was observed by the Hon’ble Supreme Court that the individual employee is the sole beneficiary of the exemption provided under clause (5) of Section 10. The Hon’ble Court further held that no employer is required to collect supporting evidence for the declarations made by the employees as far as LTC/LTA is concerned. Thus, it was held that the employer is under no obligation to gather such evidence or verify such claims related to LTC or LTA.

Payments received by individuals, who are not Indian citizens [Section 10(6)]

People, who are not Indian citizens, are entitled to avail the exemption from income tax from the provisions of Section 10(6) of the Act. They are discussed as follows:

Payments made to specified diplomats and their staff [Section 10(6)(ii)]

In accordance with Section 10(6)(ii) of the Act, any individual who is not an Indian citizen but receives remuneration as an official (in any position) of an Embassy, Consulate, High Commission, or Trade Representative of a Foreign State, or works as a staff of any of such official is exempt from income tax only if their Indian counterparts in their country enjoys the same privilege.

Remuneration of a foreign employee and non-resident member of crew [Section 10(6)(vi), (viii)]

In accordance with Section 10(6)(vi) of the Act, the payments obtained by a foreign individual in his capacity as an employee of a foreign enterprise for services rendered by him during his stay in India is exempt from income tax, if the following prerequisites are satisfied:

(a) the foreign enterprise is not involved in any form of trade or business within India ;

(b) he has not stayed in India more than a total a period of 90 days in such year ; and

(c) such payment is not amenable to be deducted from the income of his employer

In accordance with Section 10(6)(viii) of the Act, any remuneration received by or due to a non-resident foreign individual, who has not stayed in India more than a total a period of 90 days in such year, and has rendered services in connection with his employment on a foreign ship, enjoys exemption from income tax.

Payment to a foreign trainee [Section 10(6)(xi)]

In accordance with section 10(6)(xi) of the Act, the payments made to a foreign trainee in his capacity of an employee of a foreign government during his tenure of stay in India in relation with his training in any government establishment or office or any central government or state government company, or any company which is a subsidiary of a government company or any corporation formed by or under a statute or any co-operative society fully financed by the central or state government is exempt from income tax.

Tax paid for a foreign company generating income by way of royalty or fees for technical services [Section 10(6A)]

In accordance with Section 10 (6A) of the Act, taxes that are paid by any Indian concern or government (central/state) for a foreign company generating income in the mode of royalty or fees for technical services provided in accordance with an agreement made post-March 31, 1976 but before June 1, 2002 is exempt from income tax in the hands of such foreign company provided such agreement is in conformation with the industrial policy of the Central government or it is sanctioned by the Indian Government.

Tax paid for a foreign company or non-resident individual in connection with other income [Section 10(6B)]

In accordance with Section 10 (6B) of the Act, taxes that are paid by any Indian concern or government (central/state) for a foreign company or non-resident individual in connection with any income that is not salary, royalty or fees for technical services provided is exempt from income tax in the hands of such foreign company or non-resident individual if such income is received in accordance with an agreement entered into before June 1, 2002 by the central government with the government of a foreign sovereign State or international organisation or any other related agreement duly sanctioned by the central government.

Tax paid for foreign government or foreign company generating income by leasing aircraft or aircraft engine [Section 10(6BB)]

In accordance with Section 10 (6BB) of the Act, taxes that are paid by an Indian company, involved in the business of operation of aircraft, on behalf of foreign governments or foreign companies generating income by leasing such aircrafts or aircraft engines is exempt from income tax in the hands of such foreign governments or foreign companies if such lease is approved under an agreement which is duly sanctioned by the Indian government and entered during the phase between 31.03.1997 to 01.04.1999, or post 31.03.2007.

Technical fees accepted by a foreign company notified by the central government [Section 10(6C)]

In accordance with Section 10(6C) of the Act, notified foreign companies can claim exemption from income tax in lieu of income generated by way of royalty or fees for technical services rendered in pursuance of an agreement entered into with that foreign government and Indian government for providing services in security projects inside or outside India.

Royalty or fees for technical services payment by NTRO to a non-resident [Section 10(6D)]

NTRO stands for National Technical Research Organisation and according to Section 10(6D) of the Act, when the NTRO pays any remuneration (herein royalty) or due fees for technical services provided to such a non-resident individual, not being a foreign company, then such individual enjoys exemption from income tax. As a corollary, the NTRO will not be obliged to deduct tax on any such payments.

Allowance or perquisites are given to government employees working outside India [Section 10(7)]

In accordance with Section 10(7) of the Act, any allowances or perquisites provided or allowed as such outside India by the Indian government to an Indian citizen for providing services outside India is exempt from income tax.

Income of foreign government employee working under cooperative technical assistance programme [Section 10(8)]

In accordance with Section 10(8) of the Act, remuneration received directly or indirectly by any individual, from the foreign government in relation with a co-operative technical assistance programme and projects in conformation with an agreement entered into by the central government and such sovereign foreign government, is exempt from income tax. Moreover, such exemption is available in respect of any other income of such a foreign individual which accrues from working outside India and is not deemed to accrue from his work in India, provided that such foreign individual should be required to pay income tax or social security tax to his own (foreign) government.

Payments received by a non-resident consultant or his foreign employees as remuneration or fees [Section 10(8A), (8B)]

In accordance with Section 10(8A) of the Act, firstly, when an international organisation pays remuneration or fees to a non-resident consultant, under a technical assistance agreement between such organisation and the government of a foreign sovereign State and secondly, when such non-resident consultant has any other income which he obtained outside India and that is not considered to accrue or arise in India, in respect of which he is required to pay income tax or social security tax to the foreign government of the country of his origin or residence, enjoys exemption of such income from income tax.

Section 10(8B) provides for similar exemptions to employees of consultants enjoying exemptions under clause (8A) of Section 10 subject to certain conditions therein viz:

• The individual employee should be working as an employee of the consultant referred to in clause (8A) as mentioned above.
• The employee’s contract of service is approved by the Additional Secretary, Department of Economic Affairs in Ministry of Finance, Government of India, in concurrence with members CBDT.
• The remuneration is received in relation to the technical assistance programme referred to in clause (8A) above.
• Any other income which he receives outside India is subjected to any income tax or social security tax in other countries.

Income of a family member of an employee working under a co-operative technical assistance programme [Section 10(9)]

In accordance with Section 10(9) of the Act, when a family member accompanies an individual mentioned in Sections 10(8) or Section (8A) or Section (8B) of the Act and comes to India, then any income of such family member arising from outside India will be exempt from income tax provided that he pays income tax or social security tax to his own government where he hails from.

Gratuity [Section 10(10)] of Income Tax Act, 1961

In accordance with Section 10(10) of the Act, gratuity (where gratuity is voluntary payment by the employer, as an appreciation of the long-standing services, usually more than 5 years) so received at the time of retirement or termination of employment or death of the individual employee, is exempt as under:

1. The central or state government employees and the members of the Defence Services are eligible for full exemption from income tax pertaining to any amount received as gratuity at the time of death or retirement.
2. For all other employees in the private sector any death-cum-retirement gratuity is exempt from income tax to the extent of least of the following:

• Rs. 20,00,000/-
• Gratuity actually obtained
• Fifteen days’ salary based on salary last drawn for each year of service or part thereof in excess of six months and in case the employee is NOT covered under the Payment of Gratuity Act, 1972, this subpoint gets replaced by ‘‘half months’ salary based on last 10 months’ average salary drawn immediately preceding the month of retirement/death, for each completed year of service (fraction of year to be ignored).’’

Retrenchment compensation [Section 10(10B)]

In accordance with Section 10(10B) of the Act,when a workman receives any compensation at the time of his retrenchment, as per the provisions of Industrial Disputes Act, 1947 or under any other Act or Rules or Orders in force at the time being shall be exempt from income tax subject to the minimum of the following limits:

• Actual amount obtained;
• Fifteen days of average remuneration for every completed year of service or part thereof in excess of six months;
• Amount notified by the central government, i.e. Rs. 5,00,000.

It may be noted in this regard that beyond the limits mentioned above, any amount of retrenchment will fall under the ambit of gross salary and thereby becoming taxable.

Compensation for Bhopal gas leak disaster [Section 10(10BB)]

Compensation received under the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 by victims of Bhopal gas leak tragedy is exempt from income tax. Although, it may be noted in this regard that if compensation is received against a loss or damage or expenditure for which deduction has already been claimed earlier, it shall not be exempt from income tax.

Compensation on account of any disaster [Section 10(10BC)]

In accordance with Section 10(10BC) of the Act, any amount received from the State as compensation for any disaster by any individual or his legal heirs is exempt from income tax. Although, it may be noted in this regard that if such an individual or his legal heirs has been allowed a deduction under the Act because of such losses from the disaster, no further exemption is allowed.

Remuneration received at the moment of voluntary retirement [Section 10(10C)]

In accordance with Section 10(10C) of the Act, when an employee obtains any compensation at the time of voluntary retirement or termination of service, then such payment is exempt from income tax, subject to the fulfilment of the following conditions viz:

• Compensation is received by the individual employee at the time of voluntary retirement or termination or voluntary separation in the case of a public sector company.
• The maximum amount of exemption under this clause is Rs. 5,00,000.
• The compensation granted should be as per the provision of Rule 2BA of Income-tax Rules, 1962.
• In the event an employee takes the exemption under this Section 10(10C), he shall not be entitled to any other exemption under this section for any other assessment year.
• The amount of compensation is received or receivable by an individual who is an employee of either of the following:
  • a public sector company; or
  • a local authority; or
  • any other company; or
  • a co-operative society; or
  • an authority established under a statute; or
  • a UGC approved university; or
  • an Indian Institute of Technology (IIT) as per the provisions of the Institutes of Technology Act, 1961; or
  • any state government; or
  • the Central government; or
  • A duly notified institution.

  Case law related to Section 10(10C)

  R. Banumathy v. CIT [2018] (Madras High Court)

  Facts of the case: In this case, an employee of ICICI bank had opted for Voluntary Retirement Scheme (VRS) and he got a consolidated payment from the bank for the same. The Income Tax Department argued that payments received from ICICI bank via early retirement schemes do not conform to Income Tax Rules and thus will not be exempted from income tax.

  Issue: Are retiring employees of ICICI bank under Voluntary Retirement Scheme (VRS) eligible for Section 10(10C) exemption [Assessment year 2004-05]?

  Judgement: The Hon’ble Court observed that Section 10(10C) of the Act and Rule 2BA of the Income Tax Rules, do not specifically apply to the Reserve Bank of India (RBI) alone and, thus, benefit was applicable to the assessee i.e. the retired ICICI bank employee also. Thus, the assessee was held to be entitled to Section 10(10C) exemption benefit.

  Tax on perquisites that are paid by the employer [Section 10(10CC)]

  Perquisites are basically perks offered by virtue of an individual’s job by his employer. Perquisites may be monetary or non-monetary in nature. Section 10(10CC) of the Act provides exemption from income tax to the employee for non-monetary perquisites that are given to the employees by the employer. In other words, non-monetary perquisites are exempt from income tax but monetary perquisites are not exempt from income tax under this clause.

  Amount paid on life insurance policy [Section 10(10D)]

  In accordance with Section 10(10D) of the Act, when an individual receives any money under a life insurance policy, including a bonus, then such amount is exempt from income tax. Although, the following sum of money received under a life insurance policy are not exempt under this clause:

  1. Any sum received from a life insurance policy under Section 80DD(3); or
  2. Any sum of money obtained under a Keyman Insurance Policy; or
  3. Any sum of money received, under a life insurance policy issued on or post 01.04.2003 but on or before 31.03.2012 in respect of which the premium payable for any of the years during the terms of the policy is more than 20% of the actual capital sum insured. Although, such sum received on the death of the insuree shall be exempt from income tax;
  4. Any sum of money received under a life insurance policy issued on or post 01.04.2012 in respect of which the premium payable for any of the years during the terms of the policy is more than 10% of the actual capital sum insured; or
  5. Any sum of money received under a life insurance policy issued on or after 01.04.2013 for life insurance of any individual, who is
  • an individual with a disability or an individual with severe disability as mentioned in Section 80U; or
  • an individual suffering from ailment or disease as mentioned in the rules prescribed under Section 80DDB in respect of which the premium payable is in excess of 15% of the actual capital sum insured for any of the years during the terms of policy.

  Payment from provident fund [Section 10(11)]

  In accordance with Section 10(11) of the Act, any form of payment from a notified provident fund or any other provident fund under the ambit of the Provident Funds Act, 1925 is exempt from income tax. Although, according to Amendment vide Finance Act, 2021 if an individual makes more contribution than Rs. 2.5 lakhs in any previous year in that fund, on or post 1st day of April, 2021, then such interest earned on contribution over Rs. 2.5 lakhs shall be subject to income tax. However, it is pertinent to note in this regard that if the employer makes no contribution to the provident fund of the employee, then the upper limit for income tax exemption under this clause will be raised to Rs. 5 lakhs.

  Payment from the Sukanya Samriddhi Account opened in conformation with the Sukanya Samriddhi Account Rules, 2014 [Section 10(11A)]

  In accordance with Section 10(11A) of the Act, any payment in the form of interest and withdrawals from an account opened in conformation with the Sukanya Samriddhi Account Rules, 2014 formed under the Government Savings Bank Act, 1873 is fully exempt from income tax.

  Exemption of payment from the accumulated balance in a recognized provident fund [Section 10(12)]

  Subject to the provision of Rule 8 of Part A of the Fourth Schedule, an employee receiving the accumulated balance from a recognised provident fund is entitled to exemption of such payment from income tax. Although, according to Amendment vide Finance Act, 2021 if an employee makes more contribution than Rs. 2.5 lakhs in any previous year in that fund, on or post 1st day of April, 2021, then such interest earned on contribution over Rs. 2.5 lakhs shall be subject to income tax. However, it is relevant to note in this aspect that if the employer makes no contribution to the provident fund of the employee, then the upper limit for income tax exemption under this clause will be raised to Rs. 5 lakhs.

  Payment given from the National Pension System Trust to an individual employee [Section 10(12A)]

  In accordance with Section 10 (12A) of the Act, any form of payment is exempt from income tax made from the National Pension System (NPS) Trust to –

  • an assessee (employee or non-employee);
  • on closure of account of the assessee or his opting out of the NPS scheme envisaged in Section 80CCD;
  • upto the extent it does not cross 60% of the total amount payable to such assessee at the time of closing of the NPS account; or
  • his preferring out of the NPS scheme.

  Partial withdrawal from NPS [Section 10(12B)]

  Section 10(12B) of the Act has been effective from the assessment year 2018-19 and it was introduced to provide relief to individuals making withdrawals from the NPS scheme. Such withdrawals from the NPS shall be exempt from income tax subject to the following conditions:

  • The amount of withdrawal from the NPS scheme should not be more than 25% of the total contribution made by the individual in the scheme.
  • Partial withdrawal by the individual should be made in conformation with the Pension Fund Regulatory and Development Authority Act, 2013 and related regulations formed therein.

  Payment received from sanctioned superannuation fund in notified circumstances and subject to certain specified limits [Section 10(13)]

  In accordance with Section 10(13) of the Act, in case of superannuation funds that are approved by the Commissioner of Income Tax, payments made from such funds are exempt from income tax in the following scenarios:

  • Payment on passing away of beneficiary is exempt; or
  • Payment to employee when such employee retires or becomes incapable of working or incapacitated before his retirement is exempt;
  • When a beneficiary dies, then due payment by way of refund of contributions is exempt; or
  • Payment by way of transfer to the individual employee’s pension account under a sanctioned pension scheme envisaged under Section 80CCD and duly notified by the central government is exempt;

  However, it is pertinent to note in this regard that the employer’s contribution to the superannuation fund is exempt from income tax, but, from the assessment year 2010-11 onwards any contribution made by the employer which is more than Rs. 1,50,000 per year is taxable as perquisite. And the employee’s contribution is eligible for deduction under the provision of Section 80C and the interest on accumulated balance is not liable to income tax.

  House Rent Allowance (HRA) [Section 10(13A)]

  In accordance with Section 10(13A) of the Act read with Rule 2A of Income Tax Rules, an individual employee receiving House Rent Allowance (HRA) enjoys exemption to the extent of least of the following:

  • 50% of salary for metro cities (i.e. Kolkata, Delhi, Mumbai and Chennai) or 40% of salary in case of other cities;
  • HRA actually received;
  • Rent paid minus 10% of the salary.

  Allowances for meeting business expenditure [Section 10(14)]

  Section 10(14) of the Act read with Rule 2BB of Income Tax Rules allows partial exemption for special allowances. In accordance with this provision, any such special allowance or benefit, which is not a prerequisite as envisaged under Section 17(2), explicitly given to meet expenses incurred during the carrying out of the duties of an office or employment of profit, to the extent to which such expenses have actually been spent for that purpose is exempt from income tax.

  Further, any such allowances given to the individual assessee either to meet his personal expenses where he commonly works or at his commonplace of residence or to reimburse him for the increased cost of living is also exempt from income tax. But it may be noted in this regard that this exemption shall not apply to any personal allowances granted to the individual assessee to compensate him for performing any special duties specific to his office or employment unless such allowance is in relation to his place of posting or residence.

  Interest Incomes [Section 10(15)]

  In accordance with Section 10(15) of the Act, interest, redemption premium on notified securities, bonds, certificate of deposits etc. are exempt from income tax for all assessees.

  Educational Scholarship [Section 10(16)]

  In accordance with Section 10(16) of the Act, the recipient assessee enjoys exemption from income tax any amount that he has received as an educational scholarship.

  Daily allowance to a Member of Parliament [Section 10(17)]

  In accordance with Section 10(17) of the Act, daily allowance, constituency allowance or any other form of allowance given to a Member of Parliament and a Member of State Legislature.

  is fully exempt from income tax.

  Awards [Section 10(17A)]

  In accordance with Section 10(17A) of the Act, any payment received either in cash or in kind in pursuance of an award granted by the central or state government or by any body approved by the central government in this behalf is exempt from income tax.

  Pension given to a gallantry award winner [Section 10(18)]

  In accordance with Section 10(18) of the Act, any central or state government employee who has been awarded Param Vir Chakra or Maha Vir Chakra or Vir Chakra or any other notified gallantry award enjoys full exemption of his pension amount from income tax and in the event of the death of such employee, the pension received by their family members is also exempt from income tax.

  Family pension given to the family members of armed forces [Section 10(19)]

  In accordance with Section 10(19) of the Act read with Rule 2BBA of the Income Tax Rules, when a member of the military or paramilitary forces of India dies in the line of duty, then irrespective of his rank, the family pension given to the widow or children or nominated heirs of such martyr is exempt from income tax. This benefit is also available to the armed forces members who had no option but to take retirement owing to disabilities or bodily injuries incurred in the line of duty. But this benefit of exemption is not available to those personnels of armed forces who have been retired on superannuation or otherwise.

  Income of a news agency [Section 10(22B)]

  In accordance with Section 10(22B) of the Act, any income of a news agency which has been duly notified, set-up in India solely for the collection and distribution of news is exempt from income tax under the condition that such news agency uses its income or saves it for application exclusively for the collection and distribution of news and does not disburse its income in any form to its members.

  Income of an association engaged in professional activities [Section 10(23A)]

  In accordance with Section 10(23A) of the Act, any income (that is not income from house property or income from rendering any specific service or income by way of interest or income from dividend earned on investment) of a professional institution or association is exempt from income tax, if the following conditions are satisfied:

  • Such professional associations or institutions must be established in India for the purpose of control, regulation, supervision or encouragement of the profession of law, medicine, engineering, accounting, architecture or other similar notified professions.
  • Such association or institution has been duly approved by the central government by general or special orders.
  • Such an association or institution applies their income for the sole purpose it was formed.

  Income accepted on account of Regimental Fund [Section 10(23AA)]

  In accordance with Section 10(23AA) of the Act, any income which is accepted by an individual on account of any regimental fund or non-public fund formed by the armed forces of India for the welfare and benefit of the preceding and present members of such forces or their family dependents, is exempt from income tax.

  Income of a fund set up on account of welfare of employees [Section 10(23AAA)]

  In accordance with Section 10(23AAA) of the Act read with Rule 16C of the Income Tax Rules, when an individual employee receives any income from a duly notified and approved fund formed for the welfare of employees and their family dependents, then such income is exempt from income tax. It must be noted in this regard that such a welfare fund must work for the exclusive purpose of its formation and must invest in the modes specified in Section 11(5) of the Act.

  Income of pension fund [Section 10(23AAB)]

  In accordance with Section 10(23AAB) of the Act, when a pension fund is established by the Life Insurance Corporation of India (LIC) on or post 1st August, 1996 or by any other insurer, then such income so received from the pension fund by an individual who has contributed for getting pension from such fund, is exempt from income tax. Also, such funds must be approved by the Controller of Insurance or the Insurance Regulatory and Development Authority of India (IRDAI).

  Income accruing from Khadi or cottage industry [Section 10(23B)]

  In accordance with Section 10(23B) of the Act, any income of a not for profit institution formed as a public charitable trust or society that is involved in the development of khadi and cotton/village industries is exempt from income tax, if the following criteria are fulfilled:

  • Such income arises from the business of production, sale and/or marketing of khadi or other products of village or cottage industries.
  • Such income is solely used or accumulated for the development of khadi or village industries or both.
  • Such an institution must be sanctioned by the Khadi and Village Industries Commission.

  Income from fund or trust or hospital or other medical institution or university or other educational institution [Section 10(23C)

  In accordance with Section 10(23C) of the Act, any income received by an individual from a fund or trust or hospital or other medical institution or university or other educational institution is exempt from income tax subject to various related rules of the Income Tax Rules,1962.

  Income from mutual fund [Section 10(23D)]

  In accordance with Section 10(23D) of the Act, any income generated from registered mutual funds (subject to the provisions envisaged in Sections 115R to 115T) is exempt from income tax.

  Income from a notified Investor Protection Fund (IPF) [Section 10(23EA)]

  In accordance with Section 10(23EA) of the Act, any income received by way of contributions from a notified Investor Protection Fund (IPF), formed by recognised stock exchanges in India is exempt from income tax. This exemption is subject to the condition that where some contribution to such fund is pending and it was not charged under income tax during any previous year, then when such due amount is shared in whole or in parts with the notified IPF, then the full amount so shared shall be construed as the income of the previous year in which such amount is so shared and shall be taxed accordingly.

  Income from a notified Investor Protection Fund (IPF) formed by commodity exchange [Section 10(23EC)]

  In accordance with Section 10(23EC) of the Act, any income received by way of contributions from commodity exchanges of a notified Investor Protection Fund (IPF), formed by commodity exchanges in India is exempt from income tax. This exemption is subject to the condition that where some contribution to such fund is pending and it was not charged under income tax during any previous year, then when such due amount is shared in whole or in parts with the notified commodity exchange, then the full amount so shared shall be construed as the income of the previous year in which such amount is so shared and shall be taxed accordingly.

  Income of a notified Investor Protection Fund (IPF) formed by a depository [Section 10(23ED)]

  In accordance with Section 10(23ED) of the Act, any income received by way of contributions from a depository of a notified Investor Protection Fund (IPF), established by a depository, in conformation with the regulations made under the SEBI Act, 1992 and Depository Act, 1996 is exempt from income tax. This exemption is subject to the condition that where some contribution to such fund is pending and it was not charged under income tax during any previous year, then when such due amount is shared in whole or in parts with the notified depository, then the full amount so shared shall be construed as the income of the previous year in which such amount is so shared and shall be taxed accordingly.

  Income of a venture capital fund or company accruing from investment in a venture capital undertaking [Section 10(23FB)]

  In accordance with conditions specified in Section 10(23FB) of the Act, when a venture capital fund or a venture capital company invests in a venture capital undertaking and generates income from the same, then such income is exempt from income tax from the assessment year 2001-02 onwards. Although, it may be noted in this regard that these provisions is not applicable in respect of any income of a venture capital company or venture capital fund, being an investment fund specified in the provision of Clause (a) of the Explanation 1 to Section 115UB of the Act, of the previous year relevant to the assessment year beginning on or post 01.04.2016.

  Income generated from an investment fund [Section 10(23FBA)]

  In accordance with Section 10(23FBA) of the Act, any income other than the income chargeable under the head “profits and gains of business or profession” that is coming from an investment fund is exempt from income tax and here, ‘investment fund’ means the same as envisaged in the provision of Clause (a) of the Explanation 1 to Section 115UB of the Act.

  Capital gains tax by virtue of transfer of shares of an Indian company due to its relocation [Section10(23FF)]

  In accordance with Section 10(23FF) of the Act, when a non-resident individual has capital gains income owing to the relocation from the original fund to the resultant fund, then such income shall be exempt from income tax.

  Income of a registered trade union [Section 10(24)]

  In accordance with Section 10(24) of the Act, when a registered trade union or an association of registered unions within the meaning of The Trade Unions Act, 1926, has income in the nature of ‘income from house property’ and ‘income from other sources’, then such income is exempt from income tax.

  Income from provident fund [Section 10(25)]

  In accordance with Section 10(25) of the Act, the following is exempt from income tax:

  • interest on securities which belong to any provident fund as envisaged under the Provident Funds Act, 1925 and any capital gains from the provident fund accruing from the sale, exchange or transfer of such securities;
  • any income received by the trustees from a recognised provident fund;
  • any income received by the trustees from a sanctioned gratuity fund;
  • any income received by the trustees from a sanctioned superannuation fund.

  Income generated from the employees’ state insurance fund [Section 10(25A)]

  In accordance with Section 10(25A) of the Act, when an individual employee receives any amount from the employees’ state insurance fund of the Employees’ State Insurance Corporation formed as per the provisions of the Employees’ State Insurance Act, 1948, then such income is exempt from income tax.

  Income of a member of a Scheduled Tribe (ST) [Section 10(26)]

  In accordance with Section 10(26) of the Act, income of an individual of a scheduled tribe (as envisaged under Article 366(25) of the Indian Constitution) is exempt from income tax provided such income accrues from any area in the state of Manipur, Mizoram, Tripura, Nagaland, Arunachal Pradesh or district of North Cachar Hills, Mikir Hills,Jaintia Hills, Khasi Hills and Garo Hills or in the Ladakh region.

  Specified income of a Sikkimese individual [Section 10(26AAA)]

  In accordance with Section 10(26AAA) of the Act, any Sikkimese individual would enjoy exemption from income tax provided his source of income originates from Sikkim or he earns by way of dividend or interest on securities. It may be noted in this regard that a Sikkimese woman will not have this benefit of exemption who, on or post 01.04.08, marries a non-Sikkimese man.

  Income of a minor [Section 10(32)]

  In accordance with Section 10(32) of the Act, in the case of a minor assessee as envisaged under sub-section (1A) of Section 64 of the Act, any income that is not more than Rs. 1500 per minor child and is includible under his total income is exempt from income tax.

  Income on buyback of shares [Section 10(34A)]

  In accordance with Section 10(34A) of the Act, when an individual assessee, being a shareholder, has earned some amount by virtue of buy back of shares by the company as referred to in Section 115QA of the Act, then such income is exempt from income tax.

  Income from international sporting event [Section 10(39)]

  In accordance with Section 10(39) of the Act, any notified person with specified income that he or she earned from an international sporting event held in India from the assessment year 2006-07 onwards, is exempt from income tax, if the event is sanctioned by the respective international body and is duly notified by the central government and has due participation by more than two countries of the world.

  Income accepted in the manner of grant by a subsidiary company [Section 10(40)]

  In accordance with Section 10(40) of the Act, when any subsidiary company receives any grant from its Indian holding company involved in the power business and if such grant is meant for the regeneration of a pre-existing power business, then such amount is exempt from income tax. The exemption under this clause is available, if the regeneration of the power business is by means of shifting of business to the Indian holding company as notified under the provision of Section 80 IA(4)(v)(a).

  Income accruing from the transfer of asset of an enterprise involved in the business of generation, transmission or distribution of power [Section 10(41)]

  In accordance with Section 10(41) of the Act, when by virtue of transfer of a capital asset of a power business, any capital gain is made, then such capital gains are exempt from income tax, provided that such transfer has taken place before 01.04.06.

  Income of a body or authority established by two or more countries [Section 10(42)]

  In accordance with Section 10(42) of the Act, when a body or authority has been formed by the central government with two or more countries for not for profit purposes under any treaty or convention and such body or authority has any specified income, then such income is fully exempt from income tax after the central government has duly notified about the same.

  Reverse mortgage [Section 10(43)]

  In accordance with Section 10(43) of the Act, any amount received by any person as a loan, in the form of lump-sum payment or part payment, in a case of reverse mortgage envisaged in Clause (xvi) of Section 47 of the Act, is exempt from income tax.

  New pension system trust [Section 10(44)]

  In accordance with Section 10(44) of the Act, any income which is received by an individual from the New Pension System Trust (formed on 27.02.08) is exempt from income tax.

  Exemption of ‘specified income’ of definite bodies or authorities [Section 10(46)]

  In accordance with Section 10(46) of the Act, when a government (central or state) established body or authority or board or trust or commission, involved in non-commercial activities for public benefit has any specified income, then such income is exempt from income tax subject to such notifications as specified by the central government for this purpose.

  Exemption of income of ‘infrastructure debt fund’ notified by central government [Section 10(47)]

  In accordance with Section 10(47) of the Act, any income of notified ‘infrastructure debt fund’, that is established in conformation with the prescribed guidelines, is exempt from income tax.

  Exemption of income of a foreign company generating income from the sale of crude oil in India [Section 10 (48)]

  In accordance with Section 10(48) of the Act, any income of a foreign company received in India in Indian currency by virtue of sale of crude oil to any individual in India is exempt from income tax subject to the satisfaction of the following conditions:

  1. Such income accrues because of an agreement entered into by the Indian government or is duly approved by the central government.;
  2. Such agreement or arrangement has been duly notified by the central government in national interest.
  3. Such foreign companies should not be involved in any activities other than the receipt of such income in India.

  Exemption of income of a foreign company accruing from the sale of remaining stock of crude oil upon termination of the agreement or arrangement with central government [Section 10(48B)]

  In accordance with Section 10(48B) of the Act, income of a foreign company accruing from the sale of remaining stock of crude oil upon expiry or termination of the agreement or arrangement with central government is exempt from income tax, subject to conformation with the agreement terms.

  Income coming out of Indian Strategic Petroleum Reserves Limited (ISPRL) [Section 10(48C)]

  In accordance with Section 10(48C) of the Act, any income of the Indian Strategic Petroleum Reserves Limited (ISPRL), which is a fully owned subsidiary company of the Oil Industry Development Board under the Ministry of Petroleum and Natural Gas, generated as a result of an arrangement for replenishment of crude oil stored in its storage facility in accordance to directions of the central government in this behalf shall be exempt from income tax. It may also be noted in this regard that this exemption shall be subject to the fulfilment of the condition that the crude oil is replenished in the storage facility within a maximum of three years from the end of the financial year in which the crude oil was removed from the storage facility at the first instance. This clause will take effect from 1st April, 2020 and will apply to the assessment year 2020-21 onwards.

  Exemption of income in respect of national financial holdings company [Section 10(49)]

  In accordance with Section 10(49) of the Act, any income of the central government established National Financial Holdings Company is exempt from income tax.

  Summary chart of exemptions under Section 10 of Income Tax Act, 1961

  Fully exempt under Section 10	Partially exempt under Section 10
  Agricultural income	Gratuity
  Government awards	Leave encashment
  Compensation received in lieu of disasters	House Rent Allowance (HRA)
  Interest on NRE account of a person resident outside India	NPS withdrawals in cases of closing or opting outs
  Pension received by gallantry awards recipients	Receipts from LIC
  Share of partner	Commuted pension
  Allowances paid by Indian government to Indian citizens outside India	Clubbed income
  Received by a member of the HUF (Hindu Undivided Family)	Income of member of ST (Scheduled Tribe)
  –	Retrenchment compensation

  Conclusion

  It is really unfortunate that despite the benefit provided under multiple clauses of exemptions available, merely around 6.25% of India’s population pays income tax compared to the USA’s 45% population paying income tax, this poor income tax scenario is really miserable. No wonder, frequent loans (with hefty strings attached) from international bodies have become the common culture of our government. It is easy to blame the complex tax regime, corruption or the poverty of the nation but unless this apathy towards the payment of income tax is resolved at the earliest, the future is bound to look bleak. The blame game on the tax collectors is slowly chipping away at the branch where we reside at the dear cost of inviting economic catastrophes for our future generations.

  References

  1. https://www.incometaxindia.gov.in/_layouts/15/dit/Pages/viewer.aspx?grp=Act&cname=CMSID&cval=102120000000077638&searchFilter=[%7B%22CrawledPropertyKey%22:1,%22Value%22:%22Act%22,%22SearchOperand%22:2%7D,%7B%22CrawledPropertyKey%22:0,%22Value%22:%22Income-tax%20Act,%201961%22,%22SearchOperand%22:2%7D,%7B%22CrawledPropertyKey%22:29,%22Value%22:%222021%22,%22SearchOperand%22:2%7D]&k=&IsDlg=0
  2. https://incometaxindia.gov.in/Pages/rules/income-tax-rules-1962.aspx
  3. https://incometaxindia.gov.in/Pages/acts/income-tax-act.aspx

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