Income Exempt from Tax

Overview of section 10

There are certain incomes which are absolutely exempt from tax under section 10 of the income tax act. It’s upon the assessee to prove that a particular item of income is exempted under this section.

· Receipt by a member from HUF [sec 10(2)]: This section is based on the principle of avoidance of double taxation. Wherein any sum received by an individual, as a member of HUF who are entitled to demand share on partition or are entitled to maintenance under the Hindu law, is exempt from tax.

· Share of Profit under partnership [sec 10(2A)]: Share of profit received by the partner from a firm is not taxable in the hands of partners. Here also the principle of avoidance of double taxation applies.

· Allowance to Government employee outside India [sec 10(7)]: Any allowance paid or allowed outside India by the government to Indian Citizen, for rendering service outside India, is wholly exempt from tax.

· Gratuity [sec 10(10)]: Any gratuity received by government employee is fully exempt from tax. Where gratuity is received by a non government employee covered by the payment of Gratuity Act,1970, it is exempt from tax fully or partly subject to conditions under sec 10(10)(ii). Where gratuity is received by a non government employee not covered by the payment of Gratuity Act,1970, it is exempt from tax fully or partly subject to conditions under sec 10(10)(iii).

· Educational Scholarship [sec 10(16): Scholarship granted to meet the cost of education is exempt from tax. The cost of education takes within its ambit tuition fee as well as incidental expenses incurred for acquiring education.

· Income of Minor [sec 10(32)]: In case the income of an individual includes the income of his minor child, such an individual shall be entitled to exemption of Rs.1500 in respect of each minor child.

· Dividends & Interest on units [sec 10(34)/(35)]: Any income by way of dividend referred to in sec 115-O , any income in respects of units of a mutual fund, income from units received by a unit holder of UTI, income in respect of units from a specified company is exempt from tax.

· Capital gain on compulsory acquisition of urban agricultural land [sec 10(37)]: Capital gain arising to individual/HUF on transfer by way of compulsory acquisition of urban agricultural land is not chargeable to tax subject to certain condition.

· Long term capital gain on transfer of equity share/units in cases covered by STT [sec 10(38)]: Such capital gain is not chargeable to tax if such transaction suffers securities transaction tax.

· Income from any international sporting event [sec 10(39)]: Income arising from a notified international sporting event (i.e., Commonwealth Games 2010) is exempt from tax , if such event is approved by the international body and has participation by more than two countries.