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Prof. Mohasin A. Tamboli
PIRENS Technical Campus, Loni
Email: mohasinat@gmail.com
1Prof.M.A.Tamboli
Items given in section 10 gives exemption
from income, so called as exempted
section.
Prof.M.A.Tamboli
2
In India, agricultural income is totally
exempted from tax because Constitution of
India does not give any power to charge
tax on agriculture income.
Prof.M.A.Tamboli
3
Agricultural Income Includes:
1. Any amount or revenue derived from
land.
2. Any income from process which make
prouse marketable.
3. Any income from farm house.
Prof.M.A.Tamboli
4
Any income received from land is treated
as income derived from land only on
fulfillment of following conditions:
i. Income derived from land.
ii. Land must be situated in India
iii. Agricultural activity must be carried on it.
E.g. leveling, digging, sowing, irrigating,
fertilizing, cutting and polishing etc.
Prof.M.A.Tamboli
5
Any income due to natural process for
which agricultural activity is not carried on
is not agricultural income.
Dairy, poultry, fishery are activity related to
agriculture but income from it is not
agriculture income.
Prof.M.A.Tamboli
6
Prouse means raw crop. Any process
carried on for making prouse marketable is
agricultural activity and income derived
from it is agricultural income.
Prof.M.A.Tamboli
7
 House in a farm is farm house and income from it
is agricultural income. Any house become farm
house if following three conditions are satisfied:
i. House must be immediate vicinity of agricultural
land.
ii. That house is used for dwelling or storing of
material.
iii. That house is not within 8 km from urban area.
Urban area means a place where the population
exceeds 10,000
Prof.M.A.Tamboli
8
Double taxation is prohibited in India. HUF
is separate assessee and they have to pay
tax on their income.
After payment of tax if remaining amount is
distributed amoung family members is
totally exempted in the hand of family
members.
Prof.M.A.Tamboli
9
Double taxation is prohibited in India.
Partnership Firm is separate assessee.
If Firm paid tax on profit of partnership firm
and remaining amount distributed among
partners is totally exempt.
Prof.M.A.Tamboli
10
Any interest on investment by foreigner in:
i. Government Securities.
ii. Government Bond.
iii. Any amount credited to RBI is totally
exempt from income tax.
Prof.M.A.Tamboli
11
Any amount paid by employer for travelling
within India for employee and their family
members is allowed as exemption.
This exemption is only for travelling
expenses of shortest route between two
places.
Prof.M.A.Tamboli
12
For different travel conveyance exemption
is:
1. Bus - Volvo Ticket
2. Train - A.C. First Class
3. Ship - Normal Ticket
4. Air - Economy Ticket
This exemption is allowed once in a 4 year.
Prof.M.A.Tamboli
13
Any income of foreigner in India is exempt
from tax if his stay in India is not more than
90 days.
This rule is applicable to crew(caption of
ship), to research student and foreign
players.
Prof.M.A.Tamboli
14
Any allowances paid outside India to
employee of India for their services as
cooperative assistance agreement is
totally exempt in India
Prof.M.A.Tamboli
15
Any income received in India by foreign
employee for their services as cooperative
assistance agreement is totally exempt in
India
Prof.M.A.Tamboli
16
Gratuity means award or reward given by
employer to employee on retirement for
their continuous service.
Gratuity is lump sum amount given by
employer to employee on retirement.
Prof.M.A.Tamboli
17
Gratuity
Government
Employee
Non
Government
Employee
Gratuity Act,
1972 is
applicable
Gratuity Act,
1972 is not
applicable
Prof.M.A.Tamboli
18
Any person who provide service under
Central Government, State Government or
Local Authority is Government Employee.
For Government Employee 100%
exemption to gratuity is applicable.
Prof.M.A.Tamboli
19
 A) Gratuity Act, 1972 is Applicable:
Where more than 10 employees are working,
for such organization Gratuity Act, 1972 is
applicable.
 B) Gratuity Act, 1972 is not Applicable:
Where less than 10 employees are working, for
such organization Gratuity Act, 1972 is
applicable.
Prof.M.A.Tamboli
20
If Gratuity Act, 1972 is Applicable, the
exemption is least of following three:
1. 15/26 X Last drawn Salary X Number of
years completed (Consider fraction)
2. Rs. 10,00,000
3. Actual Received.
Salary = Basic + D.A. (forming part)
Prof.M.A.Tamboli
21
If Gratuity Act, 1972 is not Applicable, the
exemption is least of following three:
1. ½ X Average Salary X Completed years
Only
2. Rs. 10,00,000
3. Actual Received
Salary=Basic + D.A. (forming part)+ % Commission
Prof.M.A.Tamboli
22
 Commuted pension is lump sum payment in
lieu of periodical payment of pension.
Exemption is as follows:
1. Govt. Employee: Total value of commuted
pension is exempted.
2. Non Govt. Employee & Gratuity received:
Exemption is 1/3 of total value of pension
3. Non Govt. Employee & Gratuity not received:
Exemption is 1/2 of total value of pension
Prof.M.A.Tamboli
23
Leave encashment means sale of leave
credited during the service.
If leave encashment is in service, it is
100% taxable
If leave encashment is at retirement, the
exemption is :
 Government Employee
 Non Government Employee
Prof.M.A.Tamboli
24
A. Government Employee: Any leave encashment
received to government employee on retirement
is totally exempted.
B. Non Govt. Employee: Any leave encashment
received to non government employee on
retirement is exempted least of following four:
1. Number of days credit / 30 days X Avg. Salary
2. 10 X Avg. Salary
3. Actual leave encashment received.
Salary= Basic+DA(forming part)+% commission on turnover
Maximum days allowed to credit 30 days every year.
Prof.M.A.Tamboli
25
Amount received from statutory provident
fund is totally exempted
Prof.M.A.Tamboli
26
Any amount received on retirement from
super annuation fund is totally exempted to
any person
Prof.M.A.Tamboli
27
Allowance means extra amount received
for specific purpose.
Normally allowance is given in addition to
salary.
HRA exemption is classified in two
categories:
 BCDM Criteria
 Other than BCDM Criteria
Prof.M.A.Tamboli
28
If person working at Mumbai, Kolkata, Delhi
and Chennai then exemption is least of the
following three:
1. 50% of salary
2. Actual rent paid-10% of Salary
3. Actual HRA Received
Salary= Basic+DA (forming part)+% Commission
Prof.M.A.Tamboli
29
If person working at other than BCDM, then
exemption is least of following three:
1. 40% of Salary
2. Actual rent paid-10% of Salary
3. Actual HRA Received
Salary= Basic+DA (forming part)+% Commission
Prof.M.A.Tamboli
30
Exemption is not allowed in following
conditions:
1. If person reside in his own house
2. Answer of calculation 2 (Actual rent paid -
10% of salary) is negative
Prof.M.A.Tamboli
31
Any amount received for special purpose in
addition with salary is special allowance and
exemption is depend upon two types:
1. Exemption depend upon actual expenditure
2. Standard exemption
Prof.M.A.Tamboli
32
Under this head exemption is actual
expenditure incurred for that purpose.
1. Travelling allowance
2. Transfer allowance
3. Daily allowance
4. Helper allowance
5. Research allowance
6. Washing or dress allowance
Prof.M.A.Tamboli
33
 Under this exemption certain specific amount
fixed by government allowed as deduction.
1. Children Education Allowance: Exemption is Rs.
100 p.m. per child upto maximum two children.
2. Children Hostel Allowance: Exemption is Rs.
300 p.m per child upto maximum two children.
Prof.M.A.Tamboli
34
3. Transport Allowance: Any amount paid to
driver or cleaner for specific journey and
exemption is least of following two:
1. 70% of allowance or
2. Rs. 6,000 p.m. which is less.
4. Conveyance Allowance:
1. In case of normal person maximum exemption is Rs. 800 p.m.
2. If a person is abnormal (handicapped, blind etc.) maximum
exemption is Rs. 1,600 p.m.
Prof.M.A.Tamboli
35
5. Special compensatory Hilly Allowance:
Exemption is varied from Rs. 300 to Rs.
7,000 p.m.
6. Border Area Allowance: Exemption is upto
Rs. 700 p.m.
7. Underground Allowance: Exemption is upto
Rs. 800 p.m.
8. Tribal Area or Scheduled Area Allowance:
Exemption is upto Rs. 200 p.m.
Prof.M.A.Tamboli
36
16. Interest on Government Securities
17. Educational Scholarship
18. Daily allowance to parliament member
19. Income or Pension of Galantri Award
20. Income or Amount of award given by
Government
21. Income of local authority
22. Income of sports association
23. Income of education institute
24. Income of medical institute
25. Dividend from Indian Company
26. Interest on mutual fund
Prof.M.A.Tamboli
37
Any income of minor is taxable under the
Act.
Any income due to skill of minor then
exemption is Rs. 1,500 and remaining
amount is taxable.
When income received to minor without
any skill is added to income of father or
mother whose income is more.
Prof.M.A.Tamboli
38

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Exemption under section 10 of income tax act,1961

  • 1. Prof. Mohasin A. Tamboli PIRENS Technical Campus, Loni Email: mohasinat@gmail.com 1Prof.M.A.Tamboli
  • 2. Items given in section 10 gives exemption from income, so called as exempted section. Prof.M.A.Tamboli 2
  • 3. In India, agricultural income is totally exempted from tax because Constitution of India does not give any power to charge tax on agriculture income. Prof.M.A.Tamboli 3
  • 4. Agricultural Income Includes: 1. Any amount or revenue derived from land. 2. Any income from process which make prouse marketable. 3. Any income from farm house. Prof.M.A.Tamboli 4
  • 5. Any income received from land is treated as income derived from land only on fulfillment of following conditions: i. Income derived from land. ii. Land must be situated in India iii. Agricultural activity must be carried on it. E.g. leveling, digging, sowing, irrigating, fertilizing, cutting and polishing etc. Prof.M.A.Tamboli 5
  • 6. Any income due to natural process for which agricultural activity is not carried on is not agricultural income. Dairy, poultry, fishery are activity related to agriculture but income from it is not agriculture income. Prof.M.A.Tamboli 6
  • 7. Prouse means raw crop. Any process carried on for making prouse marketable is agricultural activity and income derived from it is agricultural income. Prof.M.A.Tamboli 7
  • 8.  House in a farm is farm house and income from it is agricultural income. Any house become farm house if following three conditions are satisfied: i. House must be immediate vicinity of agricultural land. ii. That house is used for dwelling or storing of material. iii. That house is not within 8 km from urban area. Urban area means a place where the population exceeds 10,000 Prof.M.A.Tamboli 8
  • 9. Double taxation is prohibited in India. HUF is separate assessee and they have to pay tax on their income. After payment of tax if remaining amount is distributed amoung family members is totally exempted in the hand of family members. Prof.M.A.Tamboli 9
  • 10. Double taxation is prohibited in India. Partnership Firm is separate assessee. If Firm paid tax on profit of partnership firm and remaining amount distributed among partners is totally exempt. Prof.M.A.Tamboli 10
  • 11. Any interest on investment by foreigner in: i. Government Securities. ii. Government Bond. iii. Any amount credited to RBI is totally exempt from income tax. Prof.M.A.Tamboli 11
  • 12. Any amount paid by employer for travelling within India for employee and their family members is allowed as exemption. This exemption is only for travelling expenses of shortest route between two places. Prof.M.A.Tamboli 12
  • 13. For different travel conveyance exemption is: 1. Bus - Volvo Ticket 2. Train - A.C. First Class 3. Ship - Normal Ticket 4. Air - Economy Ticket This exemption is allowed once in a 4 year. Prof.M.A.Tamboli 13
  • 14. Any income of foreigner in India is exempt from tax if his stay in India is not more than 90 days. This rule is applicable to crew(caption of ship), to research student and foreign players. Prof.M.A.Tamboli 14
  • 15. Any allowances paid outside India to employee of India for their services as cooperative assistance agreement is totally exempt in India Prof.M.A.Tamboli 15
  • 16. Any income received in India by foreign employee for their services as cooperative assistance agreement is totally exempt in India Prof.M.A.Tamboli 16
  • 17. Gratuity means award or reward given by employer to employee on retirement for their continuous service. Gratuity is lump sum amount given by employer to employee on retirement. Prof.M.A.Tamboli 17
  • 19. Any person who provide service under Central Government, State Government or Local Authority is Government Employee. For Government Employee 100% exemption to gratuity is applicable. Prof.M.A.Tamboli 19
  • 20.  A) Gratuity Act, 1972 is Applicable: Where more than 10 employees are working, for such organization Gratuity Act, 1972 is applicable.  B) Gratuity Act, 1972 is not Applicable: Where less than 10 employees are working, for such organization Gratuity Act, 1972 is applicable. Prof.M.A.Tamboli 20
  • 21. If Gratuity Act, 1972 is Applicable, the exemption is least of following three: 1. 15/26 X Last drawn Salary X Number of years completed (Consider fraction) 2. Rs. 10,00,000 3. Actual Received. Salary = Basic + D.A. (forming part) Prof.M.A.Tamboli 21
  • 22. If Gratuity Act, 1972 is not Applicable, the exemption is least of following three: 1. ½ X Average Salary X Completed years Only 2. Rs. 10,00,000 3. Actual Received Salary=Basic + D.A. (forming part)+ % Commission Prof.M.A.Tamboli 22
  • 23.  Commuted pension is lump sum payment in lieu of periodical payment of pension. Exemption is as follows: 1. Govt. Employee: Total value of commuted pension is exempted. 2. Non Govt. Employee & Gratuity received: Exemption is 1/3 of total value of pension 3. Non Govt. Employee & Gratuity not received: Exemption is 1/2 of total value of pension Prof.M.A.Tamboli 23
  • 24. Leave encashment means sale of leave credited during the service. If leave encashment is in service, it is 100% taxable If leave encashment is at retirement, the exemption is :  Government Employee  Non Government Employee Prof.M.A.Tamboli 24
  • 25. A. Government Employee: Any leave encashment received to government employee on retirement is totally exempted. B. Non Govt. Employee: Any leave encashment received to non government employee on retirement is exempted least of following four: 1. Number of days credit / 30 days X Avg. Salary 2. 10 X Avg. Salary 3. Actual leave encashment received. Salary= Basic+DA(forming part)+% commission on turnover Maximum days allowed to credit 30 days every year. Prof.M.A.Tamboli 25
  • 26. Amount received from statutory provident fund is totally exempted Prof.M.A.Tamboli 26
  • 27. Any amount received on retirement from super annuation fund is totally exempted to any person Prof.M.A.Tamboli 27
  • 28. Allowance means extra amount received for specific purpose. Normally allowance is given in addition to salary. HRA exemption is classified in two categories:  BCDM Criteria  Other than BCDM Criteria Prof.M.A.Tamboli 28
  • 29. If person working at Mumbai, Kolkata, Delhi and Chennai then exemption is least of the following three: 1. 50% of salary 2. Actual rent paid-10% of Salary 3. Actual HRA Received Salary= Basic+DA (forming part)+% Commission Prof.M.A.Tamboli 29
  • 30. If person working at other than BCDM, then exemption is least of following three: 1. 40% of Salary 2. Actual rent paid-10% of Salary 3. Actual HRA Received Salary= Basic+DA (forming part)+% Commission Prof.M.A.Tamboli 30
  • 31. Exemption is not allowed in following conditions: 1. If person reside in his own house 2. Answer of calculation 2 (Actual rent paid - 10% of salary) is negative Prof.M.A.Tamboli 31
  • 32. Any amount received for special purpose in addition with salary is special allowance and exemption is depend upon two types: 1. Exemption depend upon actual expenditure 2. Standard exemption Prof.M.A.Tamboli 32
  • 33. Under this head exemption is actual expenditure incurred for that purpose. 1. Travelling allowance 2. Transfer allowance 3. Daily allowance 4. Helper allowance 5. Research allowance 6. Washing or dress allowance Prof.M.A.Tamboli 33
  • 34.  Under this exemption certain specific amount fixed by government allowed as deduction. 1. Children Education Allowance: Exemption is Rs. 100 p.m. per child upto maximum two children. 2. Children Hostel Allowance: Exemption is Rs. 300 p.m per child upto maximum two children. Prof.M.A.Tamboli 34
  • 35. 3. Transport Allowance: Any amount paid to driver or cleaner for specific journey and exemption is least of following two: 1. 70% of allowance or 2. Rs. 6,000 p.m. which is less. 4. Conveyance Allowance: 1. In case of normal person maximum exemption is Rs. 800 p.m. 2. If a person is abnormal (handicapped, blind etc.) maximum exemption is Rs. 1,600 p.m. Prof.M.A.Tamboli 35
  • 36. 5. Special compensatory Hilly Allowance: Exemption is varied from Rs. 300 to Rs. 7,000 p.m. 6. Border Area Allowance: Exemption is upto Rs. 700 p.m. 7. Underground Allowance: Exemption is upto Rs. 800 p.m. 8. Tribal Area or Scheduled Area Allowance: Exemption is upto Rs. 200 p.m. Prof.M.A.Tamboli 36
  • 37. 16. Interest on Government Securities 17. Educational Scholarship 18. Daily allowance to parliament member 19. Income or Pension of Galantri Award 20. Income or Amount of award given by Government 21. Income of local authority 22. Income of sports association 23. Income of education institute 24. Income of medical institute 25. Dividend from Indian Company 26. Interest on mutual fund Prof.M.A.Tamboli 37
  • 38. Any income of minor is taxable under the Act. Any income due to skill of minor then exemption is Rs. 1,500 and remaining amount is taxable. When income received to minor without any skill is added to income of father or mother whose income is more. Prof.M.A.Tamboli 38