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INCOME EXEMPT FROM TAX
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faaiz
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faaiz
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Red face INCOME EXEMPT FROM TAX - January 4th, 2008

INCOME EXEMPT FROM TAX

STRUCTURE
3.0 Introduction
3.1 Objectives
3.2 Income exempt under section 10
3.3 Agricultural income
3.4 Receipts by a member from a Hindu Undivided Family
3.5 Share of profit from partnership firm
3.6 Casual and Non-recurring income
3.7 Leave travel concession
3.8 Foreign Allowance
3.9 Tax on perquisite paid by employer
3.10 Amount paid on life insurance policies
3.11 Educational, scholarships
3.12 Daily allowances of members of parliament
3.13 Family pension received by members of allowed forces
3.14 Income of minor
3.15 Capital gain on Transfer of US64
3.16 Dividends and Interest on Units
3.17 Capital gain on compulsory acquisition of urban agricultural land
3.18 Long-term capital gains on Transfer of equity shares/units in cases covered
by Securities Transaction Tax
3.19 Let us sum up
3.20 Glossary
3.21 Self Assessment Exercises
3.22 Further Readings
3.0 INTRODUCTION
However, every income is taxable under income tax law, whether it is received in
cash or in kind, whether it is capital or revenue income, but still some incomes are
given exemption from tax. In this lesson we will study those incomes which are
exempt from tax.
3.1 OBJECTIVES
After going through this lesson you should be able to understand the various
incomes which are exempt from tax.
24
3.2 INCOME EXEMPT UNDER SECTION 10
In the following cases, income is absolutely exempt from tax, as it does not form
part of total income.
The burden of proving that a particular item of income falls within this section is
on the assessee.
3.3 AGRICULTURAL INCOME
As per section 10(1), agricultural income is exempt from tax if it comes within the
definition of “agricultural income” as given in section 2(1A). In some cases,
however, agricultural income is taken into consideration to find out tax on nonagricultural
income.
3.4 RECEIPTS BY A MEMBER FROM A HINDU
UNDIVIDED FAMILY
As per section 10(2), any sum received by an individual as a member of a Hindu
undivided family either out of income of the family or out of income of estate
belonging to the family is exempt from tax. Such receipts are not chargeable to
tax in the hands of an individual member even if tax is not paid or payable by the
family on its total income.
Illustration 3.1 - X, an individual, has personal income of Rs. 56,000 for the
previous year 2005-06. He is also a member of a Hindu undivided family, which
has an income of Rs. 1, 08,000 for the previous year 2005-06. Out of income of
the family, X gets Rs. 12,000, being his share of income. Rs. 12,000 will be
exempt in the hands of X by virtue of section 10(2). The position will remain the
same whether (or not) the family is chargeable to tax. X shall pay tax only on his
income of Rs. 56,000.
3.5 SHARE OF PROFIT FROM PARTNERSHIP
FIRM
As per section 10(2A), share of profit received by partners from a firm is not
taxable in the hand of partners.
3.6 CASUAL AND NON-RECURRING INCOME
25
This exemption is not available from the assessment year 2003-04.
3.7 LEAVE TRAVEL CONCESSION
As per section 10(5), the amount exempt under section 10(5) is the value of any
travel concession or assistance received or due to the assessee from his employer
for himself and his family in connection with his proceeding on leave to any place
in India. The amount exempt can in no case exceed the expenditure actually
incurred for the purposes of such travel. Only two journeys in a block of four
years is exempt. Exemption is available in respect of travel fare only and also
with respect to the shortest route.
3.8 FOREIGN ALLOWANCE
As per section 10(7), any allowance paid or allowed outside India by the
Government to an Indian citizen for rendering service outside India is wholly
exempt from tax.
3.9 TAX ON PERQUISITE PAID BY EMPLOYER
As per section 10(10CC), the amount of tax actually paid by an employer, at his
option, on non-monetary perquisites on behalf of an employee, is not taxable in
the hands of the employee. Such tax paid by the employer shall not be treated as
an allowable expenditure in the hands of the employer under section 40.
3.10 AMOUNT PAID ON LIFE INSURANCE
POLICIES
As per section 10(10D), any sum received on life insurance policy (including
bonus) is not chargeable to tax. Exemption is, however, not available in respect of
the amount received on the following policies -
a. any sum received under section 80DD (3) or 80DDA (3);
b. any sum received under a Keyman insurance policy;
c. any sum received under an insurance policy (issued after March 31, 2003) in
respect of which the premium payable for any of the years during the term of
policy, exceeds 20 per cent of the actual sum assured.
In respect of (c) (supra) the following points should be noted -
1. Any sum received under such policy on the death of a person shall continue to
be exempt.
2. The value of any premiums agreed to be returned or of any benefit by way of
bonus or otherwise, over and above the sum actually assured, which is received
26
under the policy by any person, shall not be taken into account for the purpose of
calculating the actual capital sum assured under this clause.
3.11 EDUCATIONAL SCHOLARSHIPS
As per section 10(16), scholarship granted to meet the cost of education is exempt
from tax. In order to avail the exemption it is not necessary that the Government
should finance scholarship.
3.12 DAILY ALLOWANCES OF MEMBERS OF
PARLIAMENT
Clause (17) of section 10 provides exemption to Members of Parliament and State
Legislature in respect of the following allowances:
Cases Nature of allowance How much is exempt
Case 1 Daily allowance Entire amount is exempt
Case 2 Any other allowance
received by a Member of
Parliament under the
Members of Parliament
(Constituency Allowance)
Rules, 1986
Entire amount is exempt
Case 3 All allowances received by
any person by reason of his
member- ship of any State
Legislature or any
Committee thereof
Up to Rs. 2,000 per month
in aggregate
3.13 FAMILY PENSION RECEIEVED BY
MEMBERS OF ARMED FORCES
As per section 10(19), family pension received by the widow (or children or
nominated heirs) of a member of the armed forces (including para-military forces)
of the Union is not chargeable to tax from the assessment year 2005-06, if death is
occurred in such circumstances given below—
a. acts of violence or kidnapping or attacks by terrorists or anti-social elements;
27
b. action against extremists or anti-social elements;
c. enemy action in the international war;
d. action during deployment with a peace keeping mission abroad;
e. border skirmishes;
f. laying or clearance of mines including enemy mines as also mine sweeping
operations;
g. explosions of mines while laying operationally oriented mine-fields or lifting or
negotiation mine-fields laid by the enemy or own forces in operational areas
near international borders or the line of control;
h. in the aid of civil power in dealing with natural calamities and rescue
operations; and
i. in the aid of civil power in quelling agitation or riots or revolts by
demonstrators.
3.14 INCOME OF MINOR
As per section 10(32), in case the income of an individual includes the income of
his minor child in terms of section 64(1A), such individual shall be entitled to
exemption of Rs. 1,500 in respect of each minor child if the income of such minor
as includible under section 64(1A) exceeds that amount. Where, however, the
income of any minor so includible is less than Rs. 1,500, the aforesaid exemption
shall be restricted to the income so included in the total income of the individual.
3.15 CAPITAL GAIN ON TRANSFER OF US 64
As per section 10(33), any income arising from the transfer of a capital asset
being a unit of US 64 is not chargeable to tax where the transfer of such assets
takes place on or after April 1, 2002. This rule is applicable whether the capital
asset (US64) is long-term capital asset or short-term capital asset.
If income from a particular source is exempt from tax, loss from such source
cannot be set off against income from another source under the same head of
income.
Consequently, loss arising on transfer of units of US64 cannot be set off against
any income in the same year in which it is incurred and the same cannot be
carried forward.
3.16 DIVIDENDS AND INTEREST ON UNITS
As per section 10(34)/ (35), the following income is not chargeable to tax—
28
a. any income by way of dividend referred to in section 115-O [i.e., dividend, not
being covered by section 2(22) (e), from a domestic company];
b. any income in respect of units of mutual fund;
c. income from units received by a unit holder of UTI [i.e., from the administrator
of the specified undertaking as defined in Unit Trust of India (Transfer of
Undertaking and Repeal) Act, 2002];
d. income in respect of units from the specified company.
3.17 CAPITAL GAIN ON COMPULSORY
ACQUISITION OF URBAN AGRICULTURAL
LAND
As per section 10(37), in the case of an individual/Hindu undivided family, capital
gain arising on transfer by way of compulsory acquisition of urban agricultural
land is not chargeable to tax from the assessment year 2005-06 if such
compensation is received after March 31, 2004 and the agricultural land was used
by the assessee (or by any of his parents) for agricultural purposes during 2 years
immediately prior to transfer.
3.18 LONG-TERM CAPITAL GAINS ON
TRANSFER OF EQUITY SHARES/UNITS IN
CASES COVERED BY SECURITIES
TRANSACTION TAX
As per section 10(38), Long-term capital gains arising on transfer of equity shares
or units of equity oriented mutual fund is not chargeable to tax from the
assessment year 2005-06 if such a transaction is covered by securities transaction
tax.
The securities transaction tax is applicable if equity shares or units of equityoriented
mutual fund are transferred on or after October 1, 2004 in a recognized
stock exchange in India (or units are transferred to the mutual fund). If the
securities transaction tax is applicable, long-term capital gain is not chargeable
to tax; short-term capital gain is taxable @ 10 per cent (plus SC and EC). If
income is shown as business income, the taxpayer can claim rebate under section
88E.
3.19 LET US SUM UP
29
The lesson discusses in brief few selected income, which are exempt from
income-tax in India. The few important in today age include agricultural income,
income of minor, family pension; leave travel commission and dividend income.
3.20 GLOSSARY
Deduction: While deduction is available from gross total income, exemptions are
not included in gross total income.
Agricultural income from a foreign country: Indian agricultural income is
exempt from tax by virtue of section 10(1). Agricultural income from a foreign
country is treated as non-agricultural income in India.
3.21 SELF ASSESSMENT EXERCISES
1. Name any five incomes which are exempt from tax.
2. Explain briefly the exemption from income-tax available in the case of a minor
child.
3. Discuss the exemption with respect to agricultural income from India
4. Explain briefly the exemption from income-tax available in the case of
dividend income received from an Indian company.
3.22 FURTHER READINGS
Income-tax Act, 1961, Taxmann Publications Pvt.Ltd., New Delhi (latest edition).
Singhania, Vinod. K. and Monica Singhania, Students Guide to Income-tax,
Taxmann Publications Pvt.Ltd., New Delhi (latest edition).
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Re: INCOME EXEMPT FROM TAX - February 24th, 2008

here also u have broken the tax policy in so parts.
yar i want to see them all line wise in a organised manner.
i want a complete procedure of taxation aythority
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Thumbs up Re: INCOME EXEMPT FROM TAX - February 24th, 2008

hey thanks for the information...[]
can i get the complete produre.. of taxation
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Re: INCOME EXEMPT FROM TAX - March 14th, 2009

helllo
it is nice but its exactly same that is available on the website of income tax india dept.
i needed a presentation on this part
can u help me with that
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Jitendra Mazee
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Re: INCOME EXEMPT FROM TAX - February 25th, 2016

Quote:
Originally Posted by faaiz View Post
INCOME EXEMPT FROM TAX

STRUCTURE
3.0 Introduction
3.1 Objectives
3.2 Income exempt under section 10
3.3 Agricultural income
3.4 Receipts by a member from a Hindu Undivided Family
3.5 Share of profit from partnership firm
3.6 Casual and Non-recurring income
3.7 Leave travel concession
3.8 Foreign Allowance
3.9 Tax on perquisite paid by employer
3.10 Amount paid on life insurance policies
3.11 Educational, scholarships
3.12 Daily allowances of members of parliament
3.13 Family pension received by members of allowed forces
3.14 Income of minor
3.15 Capital gain on Transfer of US64
3.16 Dividends and Interest on Units
3.17 Capital gain on compulsory acquisition of urban agricultural land
3.18 Long-term capital gains on Transfer of equity shares/units in cases covered
by Securities Transaction Tax
3.19 Let us sum up
3.20 Glossary
3.21 Self Assessment Exercises
3.22 Further Readings
3.0 INTRODUCTION
However, every income is taxable under income tax law, whether it is received in
cash or in kind, whether it is capital or revenue income, but still some incomes are
given exemption from tax. In this lesson we will study those incomes which are
exempt from tax.
3.1 OBJECTIVES
After going through this lesson you should be able to understand the various
incomes which are exempt from tax.
24
3.2 INCOME EXEMPT UNDER SECTION 10
In the following cases, income is absolutely exempt from tax, as it does not form
part of total income.
The burden of proving that a particular item of income falls within this section is
on the assessee.
3.3 AGRICULTURAL INCOME
As per section 10(1), agricultural income is exempt from tax if it comes within the
definition of “agricultural income” as given in section 2(1A). In some cases,
however, agricultural income is taken into consideration to find out tax on nonagricultural
income.
3.4 RECEIPTS BY A MEMBER FROM A HINDU
UNDIVIDED FAMILY
As per section 10(2), any sum received by an individual as a member of a Hindu
undivided family either out of income of the family or out of income of estate
belonging to the family is exempt from tax. Such receipts are not chargeable to
tax in the hands of an individual member even if tax is not paid or payable by the
family on its total income.
Illustration 3.1 - X, an individual, has personal income of Rs. 56,000 for the
previous year 2005-06. He is also a member of a Hindu undivided family, which
has an income of Rs. 1, 08,000 for the previous year 2005-06. Out of income of
the family, X gets Rs. 12,000, being his share of income. Rs. 12,000 will be
exempt in the hands of X by virtue of section 10(2). The position will remain the
same whether (or not) the family is chargeable to tax. X shall pay tax only on his
income of Rs. 56,000.
3.5 SHARE OF PROFIT FROM PARTNERSHIP
FIRM
As per section 10(2A), share of profit received by partners from a firm is not
taxable in the hand of partners.
3.6 CASUAL AND NON-RECURRING INCOME
25
This exemption is not available from the assessment year 2003-04.
3.7 LEAVE TRAVEL CONCESSION
As per section 10(5), the amount exempt under section 10(5) is the value of any
travel concession or assistance received or due to the assessee from his employer
for himself and his family in connection with his proceeding on leave to any place
in India. The amount exempt can in no case exceed the expenditure actually
incurred for the purposes of such travel. Only two journeys in a block of four
years is exempt. Exemption is available in respect of travel fare only and also
with respect to the shortest route.
3.8 FOREIGN ALLOWANCE
As per section 10(7), any allowance paid or allowed outside India by the
Government to an Indian citizen for rendering service outside India is wholly
exempt from tax.
3.9 TAX ON PERQUISITE PAID BY EMPLOYER
As per section 10(10CC), the amount of tax actually paid by an employer, at his
option, on non-monetary perquisites on behalf of an employee, is not taxable in
the hands of the employee. Such tax paid by the employer shall not be treated as
an allowable expenditure in the hands of the employer under section 40.
3.10 AMOUNT PAID ON LIFE INSURANCE
POLICIES
As per section 10(10D), any sum received on life insurance policy (including
bonus) is not chargeable to tax. Exemption is, however, not available in respect of
the amount received on the following policies -
a. any sum received under section 80DD (3) or 80DDA (3);
b. any sum received under a Keyman insurance policy;
c. any sum received under an insurance policy (issued after March 31, 2003) in
respect of which the premium payable for any of the years during the term of
policy, exceeds 20 per cent of the actual sum assured.
In respect of (c) (supra) the following points should be noted -
1. Any sum received under such policy on the death of a person shall continue to
be exempt.
2. The value of any premiums agreed to be returned or of any benefit by way of
bonus or otherwise, over and above the sum actually assured, which is received
26
under the policy by any person, shall not be taken into account for the purpose of
calculating the actual capital sum assured under this clause.
3.11 EDUCATIONAL SCHOLARSHIPS
As per section 10(16), scholarship granted to meet the cost of education is exempt
from tax. In order to avail the exemption it is not necessary that the Government
should finance scholarship.
3.12 DAILY ALLOWANCES OF MEMBERS OF
PARLIAMENT
Clause (17) of section 10 provides exemption to Members of Parliament and State
Legislature in respect of the following allowances:
Cases Nature of allowance How much is exempt
Case 1 Daily allowance Entire amount is exempt
Case 2 Any other allowance
received by a Member of
Parliament under the
Members of Parliament
(Constituency Allowance)
Rules, 1986
Entire amount is exempt
Case 3 All allowances received by
any person by reason of his
member- ship of any State
Legislature or any
Committee thereof
Up to Rs. 2,000 per month
in aggregate
3.13 FAMILY PENSION RECEIEVED BY
MEMBERS OF ARMED FORCES
As per section 10(19), family pension received by the widow (or children or
nominated heirs) of a member of the armed forces (including para-military forces)
of the Union is not chargeable to tax from the assessment year 2005-06, if death is
occurred in such circumstances given below—
a. acts of violence or kidnapping or attacks by terrorists or anti-social elements;
27
b. action against extremists or anti-social elements;
c. enemy action in the international war;
d. action during deployment with a peace keeping mission abroad;
e. border skirmishes;
f. laying or clearance of mines including enemy mines as also mine sweeping
operations;
g. explosions of mines while laying operationally oriented mine-fields or lifting or
negotiation mine-fields laid by the enemy or own forces in operational areas
near international borders or the line of control;
h. in the aid of civil power in dealing with natural calamities and rescue
operations; and
i. in the aid of civil power in quelling agitation or riots or revolts by
demonstrators.
3.14 INCOME OF MINOR
As per section 10(32), in case the income of an individual includes the income of
his minor child in terms of section 64(1A), such individual shall be entitled to
exemption of Rs. 1,500 in respect of each minor child if the income of such minor
as includible under section 64(1A) exceeds that amount. Where, however, the
income of any minor so includible is less than Rs. 1,500, the aforesaid exemption
shall be restricted to the income so included in the total income of the individual.
3.15 CAPITAL GAIN ON TRANSFER OF US 64
As per section 10(33), any income arising from the transfer of a capital asset
being a unit of US 64 is not chargeable to tax where the transfer of such assets
takes place on or after April 1, 2002. This rule is applicable whether the capital
asset (US64) is long-term capital asset or short-term capital asset.
If income from a particular source is exempt from tax, loss from such source
cannot be set off against income from another source under the same head of
income.
Consequently, loss arising on transfer of units of US64 cannot be set off against
any income in the same year in which it is incurred and the same cannot be
carried forward.
3.16 DIVIDENDS AND INTEREST ON UNITS
As per section 10(34)/ (35), the following income is not chargeable to tax—
28
a. any income by way of dividend referred to in section 115-O [i.e., dividend, not
being covered by section 2(22) (e), from a domestic company];
b. any income in respect of units of mutual fund;
c. income from units received by a unit holder of UTI [i.e., from the administrator
of the specified undertaking as defined in Unit Trust of India (Transfer of
Undertaking and Repeal) Act, 2002];
d. income in respect of units from the specified company.
3.17 CAPITAL GAIN ON COMPULSORY
ACQUISITION OF URBAN AGRICULTURAL
LAND
As per section 10(37), in the case of an individual/Hindu undivided family, capital
gain arising on transfer by way of compulsory acquisition of urban agricultural
land is not chargeable to tax from the assessment year 2005-06 if such
compensation is received after March 31, 2004 and the agricultural land was used
by the assessee (or by any of his parents) for agricultural purposes during 2 years
immediately prior to transfer.
3.18 LONG-TERM CAPITAL GAINS ON
TRANSFER OF EQUITY SHARES/UNITS IN
CASES COVERED BY SECURITIES
TRANSACTION TAX
As per section 10(38), Long-term capital gains arising on transfer of equity shares
or units of equity oriented mutual fund is not chargeable to tax from the
assessment year 2005-06 if such a transaction is covered by securities transaction
tax.
The securities transaction tax is applicable if equity shares or units of equityoriented
mutual fund are transferred on or after October 1, 2004 in a recognized
stock exchange in India (or units are transferred to the mutual fund). If the
securities transaction tax is applicable, long-term capital gain is not chargeable
to tax; short-term capital gain is taxable @ 10 per cent (plus SC and EC). If
income is shown as business income, the taxpayer can claim rebate under section
88E.
3.19 LET US SUM UP
29
The lesson discusses in brief few selected income, which are exempt from
income-tax in India. The few important in today age include agricultural income,
income of minor, family pension; leave travel commission and dividend income.
3.20 GLOSSARY
Deduction: While deduction is available from gross total income, exemptions are
not included in gross total income.
Agricultural income from a foreign country: Indian agricultural income is
exempt from tax by virtue of section 10(1). Agricultural income from a foreign
country is treated as non-agricultural income in India.
3.21 SELF ASSESSMENT EXERCISES
1. Name any five incomes which are exempt from tax.
2. Explain briefly the exemption from income-tax available in the case of a minor
child.
3. Discuss the exemption with respect to agricultural income from India
4. Explain briefly the exemption from income-tax available in the case of
dividend income received from an Indian company.
3.22 FURTHER READINGS
Income-tax Act, 1961, Taxmann Publications Pvt.Ltd., New Delhi (latest edition).
Singhania, Vinod. K. and Monica Singhania, Students Guide to Income-tax,
Taxmann Publications Pvt.Ltd., New Delhi (latest edition).
Hey faaiz, really nice information and very well explained it. I am really impressed and would like you to keep continue sharing such type of articles in the future. I have also got some information and would like to share it with you. So please download and check it.
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