2. Dr. Neepa Vyas Semester III
The amount is first
included in the income of
the taxpayer and then the
deduction is allowed as
per the rules.
3. Dr. Neepa Vyas Semester III
The income which is
not charged to tax.
4. List of exempted income…
Dr. Neepa Vyas Semester III
Section 10 (1)
5. Case Laws :-
Dr. Neepa Vyas Semester III
(1) P.N. Krishna Iyer vs CIT
Income received by a member of a Hindu
undivided family from a firm or a company in
which the funds of the Hindu undivided family
are invested, even though the income may be
partially traceable to personal exertion of the
member, is taxable as the income of the Hindu
undivided family, if it is earned by detriment to
the family funds or with the aid or assistance of
those funds; otherwise it is taxable as the
member’s separate income.
6. Dr. Neepa Vyas Semester III
(2) V.S.D. Dhanwatey v/s CIT (1968) 68 ITR
365
The general doctrine of Hindu law is that
property acquired by a karta or a coparcener
with the aid or assistance of joint family assets
is impressed with the character of joint family
property.
8. Case Laws…
Dr. Neepa Vyas Semester III
Radha Krishna Jalan v/s. CIT (2007) 165
Tsxman 538 (Gau)
Sub Partnership receives share of profit of a
partner in main partnership..
18. Important points..
Dr. Neepa Vyas Semester III
(1). Once it is proved that the amount is
received as “Scholarship”, it will be fully
exempt, irrespective of its terms of award.
(2). It is exempt from tax even if the recipient
does not spend the whole amount towards the
education / saves it.
(3) Cost of Education = tuition fees + incidental
expences.
19. Other exempted incom
Dr. Neepa Vyas Semester III
Retrenchment compensation (10(10B))
Compensation on account of any disaster
(10(10BC))
Residents of Ladakh (10 (26AA))
Sikkimese individual( “ )
Awards (10 (17A))