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Section 10 of Income Tax Act, Exemption, Allowance and Claims

Income Tax Section 10

Income Tax Section 10 is a significant provision within the Indian Income Tax Act that outlines various sources of income that are exempt from taxation. In simpler terms, it identifies specific categories of income that individuals or entities do not need to pay income tax on. These exemptions are intended to promote certain activities, encourage investments, or provide relief to taxpayers in various scenarios.

Section 10 covers a wide range of exemptions, including agricultural income, income from property used for religious or charitable purposes, allowances for certain government employees, and income from specified savings schemes, among others. Understanding Income Tax Section 10 is crucial for taxpayers and financial experts to optimize their tax planning strategies and ensure compliance with Indian tax regulations while taking advantage of the available exemptions.

Section 10 of Income Tax Act

Section 10 of the Income Tax Act in India is a crucial provision that outlines specific incomes that are exempt from tax. These exemptions are granted to encourage certain activities and provide relief to taxpayers. Section 10 includes various categories of income, such as agricultural income, income from property held for religious or charitable purposes, and income from gratuity received by government employees.

Additionally, it covers exemptions for income from specified savings schemes and allowances for certain institutions. Understanding Section 10 is vital for taxpayers and financial professionals to navigate the complex Indian tax system and ensure accurate compliance with tax laws while benefiting from the exemptions it offers.

Section 10(10d) of Income Tax Act

Section 10(10D) of the Income Tax Act of 1961 provides for tax exemption on the sum received under a life insurance policy, including any sum allocated by way of bonus on such policy, subject to certain exclusions.

  • The following are the conditions that must be met for a life insurance policy to be eligible for tax exemption under Section 10(10D):
  1. The policy must be taken on the life of a person who is a resident of India.
  2. The policy must be issued by an insurance company that is registered with the Insurance Regulatory and Development Authority of India (IRDA).
  3. The policy must be a life insurance policy, and not a health insurance policy or a pension plan.
  4. The policy must not be a unit-linked insurance policy (ULIP) that is issued on or after February 1, 2021.
  • The sum received under the policy will be exempt from tax, whether it is received on maturity or death of the insured person. However, there are some exclusions to this exemption. The following sums will not be exempt from tax:
  1. Any sum received as a bonus on a policy that is not a ULIP.
  2. Any sum received under a ULIP that is issued on or after February 1, 2021, if the policy holder has made any premature withdrawals from the policy.
  3. Any sum received under a ULIP that is issued on or after February 1, 2021, if the policy holder has surrendered the policy within five years of its issuance.

Section 10(10D) is a valuable tax exemption that can help you save money on your income tax. If you are considering taking out a life insurance policy, be sure to check if it is eligible for this exemption.

Exemption Under Section 10

Exemptions under Section 10 of the Income Tax Act provide relief to taxpayers by allowing certain types of income to be tax-free. These exemptions cover various categories, including agricultural income, income from religious or charitable activities, gratuity for government employees, and income from specific savings schemes. Understanding and correctly applying these exemptions can significantly reduce a taxpayer’s overall tax liability, making Section 10 a valuable aspect of tax planning in India.

Exempted Income under Section 10

Exempted income under Section 10 of the Income Tax Act refers to specific types of income that are not subject to taxation in India. These exemptions are crucial for taxpayers, as they help reduce their overall tax liability. Section 10 encompasses a range of exempted income sources, such as agricultural income, income from religious or charitable activities, allowances for government employees, and certain savings schemes.

Understanding these exemptions and their eligibility criteria is essential for effective tax planning and ensuring compliance with Indian tax laws, ultimately helping individuals and entities optimize their financial strategies while staying within the bounds of the law.

Section 10(5) of Income Tax Act

Section 10(5) of the Income Tax Act of 1961 provides for tax exemption on leave travel allowance (LTA) received by an employee from his or her employer. The exemption is available for travel within India, and the maximum amount that can be exempted is Rs. 2.5 lakhs for individuals below 60 years of age, Rs. 3 lakhs for individuals between 60 and 80 years of age, and Rs. 5 lakhs for individuals above 80 years of age.

To be eligible for the exemption, the employee must have actually traveled within India during the relevant tax year. The travel must be for the purpose of leave, retirement, or termination of service. The exemption is also available for travel of the employee’s spouse and dependent children.

The amount of LTA that can be exempted is the actual amount received by the employee, subject to the maximum limits mentioned above. The exemption is available only for travel expenses, and other expenses such as hotel and food expenses are not covered. The exemption under Section 10(5) is a valuable benefit for employees who travel within India. It can help to save a significant amount of money on income tax.

Additional things to keep in mind about Section 10(5)

  • The exemption is available only for the actual amount of LTA received by the employee. Any amount that is not actually received by the employee, such as LTA that is forfeited or surrendered, is not exempt from tax.
  • The exemption is available only for travel within India. Travel to foreign destinations is not covered by the exemption.
  • The exemption is available only for travel that is undertaken for the purpose of leave, retirement, or termination of service. Travel for other purposes, such as business travel, is not covered by the exemption.
  • The exemption is available only for the travel expenses of the employee, spouse, and dependent children. The travel expenses of other relatives or friends are not covered by the exemption.

Section 10(13a)

Section 10(13A) of the Income Tax Act of 1961 provides for tax exemption on house rent allowance (HRA) received by an employee from his or her employer. The exemption is available for employees who are residing in rented accommodation, and the amount of exemption is the least of the following:

  • The actual HRA received by the employee.
  • The rent paid by the employee in excess of 10% of the basic salary.
  • 50% of the basic salary for employees residing in metropolitan cities (Mumbai, Delhi, Kolkata, and Chennai) and 40% of the basic salary for employees residing in other cities.

To be eligible for the exemption, the employee must be residing in rented accommodation for at least 182 days in the relevant tax year. The rent paid must be actually incurred by the employee, and it must be supported by rent receipts. The exemption under Section 10(13A) is a valuable benefit for employees who are residing in rented accommodation. It can help to save a significant amount of money on income tax.

Additional things to keep in mind about Section 10(13A)

  • The exemption is available only for the actual HRA received by the employee. Any amount that is not actually received by the employee, such as HRA that is forfeited or surrendered, is not exempt from tax.
  • The exemption is available only for rent paid in excess of 10% of the basic salary. If the rent paid is equal to or less than 10% of the basic salary, no exemption is available.
  • The exemption is available only for employees who are residing in rented accommodation for at least 182 days in the relevant tax year. If the employee does not reside in rented accommodation for at least 182 days, the exemption will be reduced proportionately.
  • The exemption is available only for the rent paid for the employee’s own residence. If the rent is paid for the residence of the employee’s spouse, children, or other dependents, the exemption will not be available.

House Rent Allowance Under Section 10(13a)

House Rent Allowance (HRA) under Section 10(13A) of the Income Tax Act is a significant provision that provides tax relief to salaried individuals who live in rented accommodations. It allows employees to claim exemptions on the HRA received as part of their salary, provided they meet certain conditions.

The exemption is calculated based on factors like the actual rent paid, the HRA received, and the city’s location, as rent expenses tend to vary between metropolitan and non-metropolitan areas. Understanding Section 10(13A) is crucial for employees seeking to maximize their tax benefits while living in rented housing, making it an essential aspect of tax planning for salaried individuals in India.

Section 10(26) of Income Tax Act

Section 10(26) of the Income Tax Act in India is a provision that offers a tax exemption to a specific category of individuals known as “members of a Scheduled Tribe.” Under this section, income earned by individuals belonging to Scheduled Tribes residing in specified areas is exempt from income tax.

This exemption aims to provide financial relief and support to these marginalized communities and encourage their economic development. Section 10(26) is an important aspect of the Indian tax law, as it aligns with the government’s efforts to uplift and empower these communities by reducing their tax burden, thereby contributing to their overall socio-economic well-being.

Section 10(14) (i) of Income Tax Act

Section 10(14)(i) of the Income Tax Act plays a significant role in tax regulations by outlining various allowances and perquisites that are exempt from taxation. These exemptions are designed to provide financial relief to employees and reduce their overall tax liability. The section includes a wide range of allowances, such as house rent allowance (HRA), special allowances for meeting expenses incurred while performing official duties, and specific allowances for meeting travel and entertainment expenses.

Understanding and correctly applying these exemptions under Section 10(14)(i) is vital for both employers and employees to ensure accurate tax calculations and compliance with Indian tax laws, ultimately benefiting the financial well-being of salaried individuals in the country.

Section 10(14) (ii) of the Income Tax Act

Section 10(14)(ii) of the Income Tax Act of 1961 provides for tax exemption on certain allowances granted to employees for working under certain conditions. The allowances that are exempt under this section are:

  • Allowance for children’s education: Up to Rs. 100 per month per child, for a maximum of two children.
  • Special compensatory allowance: Rs. 800 per month for employees working in hilly areas or high altitude areas.
  • Border area allowance: Varies from Rs. 200 to Rs. 1300 per month, depending on the area.
  • Remote area allowance: Varies from Rs. 200 to Rs. 1300 per month, depending on the area.
  • Difficult area allowance: Varies from Rs. 200 to Rs. 1300 per month, depending on the area.
  • Disturbed area allowance: Rs. 7000 per month for employees working in the Siachen area of Jammu and Kashmir.

To be eligible for the exemption, the employee must be working in the specified area and must be receiving the allowance from their employer. The allowance must also be shown in the employee’s salary slip.

The exemption under Section 10(14)(ii) is a valuable benefit for employees who are working in difficult or remote areas. It can help to reduce their taxable income and save them money on income tax.

Here are some additional things to keep in mind about Section 10(14)(ii)

  • The exemption is available only for the allowances that are specifically mentioned in the section. Any other allowance, even if it is given for a similar purpose, will not be exempt.
  • The exemption is available only for the actual amount of allowance received by the employee. Any amount that is not actually received by the employee, such as an allowance that is forfeited or surrendered, is not exempt from tax.
  • The exemption is available only for the employees who are working in the specified areas. If the employee is not working in the specified area, the allowance will be taxable.

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FAQs

What is Section 10 of the tax Act?

Section 10(10CC) provides exemption only in respect of tax on non- monetary perquisites. In other words, this section does not provide exemption in respect of perquisites or tax paid on monetary perquisites.

Which allowances are fully exempted?

Uniform allowance. An allowance that has been provided for the purchase or maintenance of a uniform that is to be used during duty in the office is called a uniform allowance.
1. Academic and Research Allowance.
2. Travelling Allowance.
3. Helper Allowance.
4. Daily Allowance.

Which all allowances are not taxable?

Medical Allowance: Tax-free up to ₹15,000 per year. Special Allowance: Covers personal expenses. Conveyance Allowance: Tax-free up to ₹1,600 per month. Children Education Allowance: Tax exemption up to ₹100 per child per month (for two children).