Section 10 of the Income Tax Act provides for exemptions for certain incomes, provided specific conditions are satisfied. These exempt incomes are not included, or considered for total income and tax calculation, though disclosure of exempt income is mandatory in ITR. It is to be noted that certain exemptions are exclusively available only under the old regime, from the introduction of new tax regime in the year 2020.
Popular exemptions under section 10 are House Rent Allowance (HRA), Leave Travel Allowance (LTA), interest earned from contributions to provident fund, withdrawal of funds from National Pension Scheme (NPS) and amount received on superannuation like gratuity, leave encashment, etc.
Read this article to know more about the various exemptions available and how one can claim and benefit from them.
What is Section 10 of the Income Tax Act?
While calculating the tax liability of an individual, there are certain incomes which is exempt and do not form a part of the total income. Section 10 of the Income-tax Act 1961 includes all those exemptions that a taxpayer can claim while paying income tax.
From an employee's perspective, the exemptions available under the act can be classified as exempt allowances, and other exempt income. They are presented as follows:
Section 10(23C) - Tax Exemption for Educational and Medical Institutions
Section 10(26) - Tax Exemptions for Scheduled Tribe Members in Specific Northeastern States
Section 10(26AAA) - Tax Exemption for Sikkimese Individuals
Section 10(34) - Exemption on Dividends
Section 10(34A) - Exemption on Buy-Back of Shares
Section 10(35) - Exemption on Income from Specified Mutual Funds
Section 10(37) - Exemption on Capital Gains from Compulsory Acquisition of Urban Agricultural Land
Section 10(38) - Exemption on Long-Term Capital Gains from Sale of Equity Shares and Equity-Oriented Mutual Funds
Section 10AA - Units In Special Economic Zones
What are the Income Tax Exemptions Under Section 10?
Here is a list of exempted income under Section 10:
Section 10(13A) - House Rent Allowance
Section 10(13A) of the Income Tax Act covers House Rent Allowance (HRA). The part of your salary you receive to cover house rent and accommodation expenses is exempted from taxation.
However, a few exceptions are included in Section 10(13A) Rule 2A. The exemption is allowed for the least of the following amounts:
Actual HRA received
50% of [basic salary + DA] for those living in Delhi, Mumbai, Chennai, Kolkata or
40% of [basic salary + DA] for those living in other cities
Actual rent paid (-) 10% of [basic salary + DA]
Under Section 10(13A) of the Income Tax Act, the following types of expenses are covered under House Rent Allowance (HRA) for exemption from income tax:
Rent paid: The actual rent paid by the taxpayer for the residential accommodation they occupy.
Brokerage or commission: Any brokerage or commission paid to a real estate agent or broker for securing the rented accommodation.
Maintenance charges: Expenses incurred towards maintenance charges for the rented accommodation, such as society maintenance fees or charges for common fad
Lease agreement costs: Costs associated with preparing and registering the lease agreement, if applicable.
It is important to note that only expenses directly related to the rental accommodation occupied by the taxpayer are eligible for exemption under Section 10(13A) of the Act.
Let’s take a look at the below example.
An employee living in Mumbai with a basic salary of Rs. 40,000 per month, receiving an HRA of Rs. 20,000 per month, and paying rent of Rs. 15,000 per month.
Condition 1: Actual HRA received - Rs. 2,40,000 (Rs.20,000 per month)
Condition 2: Metro city 50% of [basic salary + DA] - Rs. 2,40,000 (50% of Rs.4,80,000)
Condition 3: Actual rent paid (-) 10% of (basic salary + DA) - Rs.1,32,000 (Rs.1,80,000 – Rs.48,000)
Least of the above is the amount of Exempted HRA - Rs. 1,32,000, HRA chargeable to tax - Rs. 1,08,000 (Rs. 2,40,000 - Rs.1,32,000).
Section 10(14)(ii) - Children Education Allowance
Taxpayers with children's education allowance can an exemption of Rs. 100 per month for two children every year.
In case the taxpayer is blind or deaf and dumb or handicapped, and receiving a transport allowance can also claim an exemption of Rs. 3,200 per month.
Section 10(5) - Leave Travel Allowance
Section 10(5), or leave travel allowance exemption, is applicable for individual taxpayers. The LTA exemption applies only to the domestic travel expenses, such as airfare, train or bus fare, incurred by the employee. Other expenses, such as transportation within the destination, sightseeing, hotels, and food, are not covered. Additionally, the exemption is limited to LTA provided in your CTC by the employer.
For example, if an employee is given LTA of Rs 30,000 and incurs travel expenses of Rs 20,000, only the amount actually spent on travel would be exempt from taxes and the remaining Rs 10,000 would be included as taxable income.
Section 10(11) - Exemption on Payment Made to Provident Fund and Sukanya Samriddhi Account
Under this section, you receive exemptions for interest from a provident fund upon resignation or retirement.
Note: From 1st April 2021 onwards, the exemption under section 10(11) will not apply to interest income accrued during the previous year on contributions exceeding Rs. 2,50,000 made by the person/employee to that fund in any previous year.
Section 10(10) - Gratuity
Any income by way of gratuity received by the government, but in the case of employees working in the private sector, depends on whether they are covered under the Payment of Gratuity Act or not.
Section 10(10AA) - Leave Encashment
Employees are allowed a certain number of leaves during the period of their service. It is upto the employees to avail such leaves or not. In case the leaves are not availed, they either get lapsed to get accumulated for future or are allowed to be encashed at the end of every year or at the time of retirement/resignation. If the employee wished to encash such leave during the period of service then it is fully taxable. However, if such leaves are encashed at the time of resignation/retirement, they are eligible for deduction under section 10(10AA). Further, leave encashment for government employees is completely exempt. In case of a non-government employee, the exemption will be the lower of the follows:
Rs. 25,00,000
Leave Salary Actually Received
Average 10 Months Salary
Cash Equivalent of Unavailed Leave Credit at the time of retirement
Scenario
Taxability
Leave Encashment During Service
Fully Taxable
Leave Encashment at Resignation/Retirement
Government Employee
Fully Exempt
Non-Government Employee
Exempt up to the lower of the following:
- ₹25,00,000
- Leave Salary Actually Received
- Average 10 Months Salary
- Cash Equivalent of Unavailed Leave
Section 10(10A) - Commuted Pension
If you are a Government employee, under this section, you receive tax exemption on the money you get from accumulated pensions.
Section 10(10B) - Retrenchment Compensation
Retrenchment compensation is the amount paid at the time of transfer of employment or closing down of the industrial undertaking. Taxpayers receiving such compensation can claim an exemption u/s 10(10B) of the lower of the following:
Compensation Received
Rs. 5,00,000
15 days Avg pay x Completed years of service
Section 10(10C) - Voluntary Retirement
Any amount received by an employee at the time of voluntary retirement would be taxed as profit in lieu of salary. The taxpayer can avail an exemption u/s 10(10C) as least of the following:
Compensation Received
Rs. 5,00,000
3 months' salary x Completed years of service
Last drawn salary x Remaining months of service
Section 10(10D) - Exemption on Life Insurance Policy
Under this section, you get an exemption for the income you receive from a life insurance policy or bonus. However, the below insurance policies shall not be eligible:
Life insurance policy has taken on a specially-abled dependent family member
Key man insurance policy
Insurance policies where the premium amount is more than 10% of the sum assured.
Section 10(1) - Agricultural Income
The following agricultural income exemptions are provided under Section 10(1) of the Income Tax Act:
Sale of agricultural produce
Agricultural operations such as sowing, cultivation, and tilling
Income from agricultural land in India, including rent or revenue
Earnings from farm buildings used for agricultural purposes
Income from agricultural operations aimed at preservation and growth, such as weeding, pruning, and cutting
Section 10(2A) - Partner’s Share in Profits
The partner’s share in the profits of the firm or Limited Liability Partnership(LLP) is fully exempt.
Section 10(14) - Exemption of Special Allowance
Section 10(14) also includes a tax exemption of Rs.26,400 in a year for food allowance provided by your employer assuming two meals a day and 22 working days in a month.
Under Section 10(14), the Internet allowance provided by your employer is exempted from taxation.
This section provides exemptions for expenses incurred due to your employer’s business. It includes travelling, conveyance, research allowance and more, provided such expenses are actually spent for the given purposes.
Section 10(15) - Interest on Savings Certificate
Interest income earned on post office savings bank account, premium on redemption or other payment on notified securities, bonds, annuity certificates or other savings certificates is exempt upto the following limits:
Rs. 3,500 for individuals
Rs. 7,000 for joint account holders.
Section 10(23C) - Tax Exemption for Educational and Medical Institutions
Educational or medical institutions whose aggregate annual receipts do not exceed Rs.5 crore are eligible for exemption under this section.
Section 10(26) - Tax Exemptions for Scheduled Tribe Members in Specific Northeastern States
If you are a member of a Scheduled Tribe in Tripura, Nagaland, Mizoram, Manipur, and Arunachal Pradesh, you are eligible for tax exemptions against income earning either from any source in the states mentioned above or earning through dividends or interest on securities under Section 10(26) Of the Income Tax Act.
Section 10(26AAA) - Tax Exemption for Sikkimese Individuals
If you are a Sikkimese individual earning either from any source in Sikkim or earning through dividends or interest on securities, this part of your income comes under tax exemption under Section 10(26AAA).
Section 10(34) - Exemption on Dividends
This section includes exemptions from the dividends that you receive from investing in an Indian company. However, this exception is only limited to an amount of Rs.10,000, exceeding which you have to pay tax.
Note: This is applicable only for the dividends received till 31st March 2020.
Section 10(34A) - Exemption on Buy-Back of Shares
The amount received on shares bought back by a domestic company before 01.10.2024 is fully exempt from tax u/s 10(34A).
Section 10(35) - Exemption on Income from Specified Mutual Funds
Any income that you gain from the sale of specified mutual fund units.
Note: This is applicable only for the income earned till 31st March 2020.
Section 10(37) - Exemption on Capital Gains from Compulsory Acquisition of Urban Agricultural Land
This section provides exemptions for capital gains due to the compulsory acquisition of urban agricultural land, provided the below conditions are fulfilled:
land should be used for agricultural purposes for 2 years before its sale date
compulsory acquisition scheme should be approved by the central government or RBI
Section 10(38) - Exemption on Long-Term Capital Gains from Sale of Equity Shares and Equity-Oriented Mutual Funds
When you get long-term capital gains by selling equity shares of an equity-oriented mutual fund, it is exempted from Income Tax calculation. However, the Securities Transaction Tax must be paid.
Note: This is applicable only for the long-term capital gain earned till 31st March 2018.
Section 10AA - Units In Special Economic Zones
An assessee being an entrepreneur conducting business in an SEZ, set up after 01/04/2006 and before 01/04/2021 will be eligible for deduction as follows:
For the first consecutive five assessment years, one can claim a deduction of 100% of profit and gains derived from exports and 50% of profit and gains for the next five assessment years.
50% of profit as debited in the profit and loss account and credited to reserves will be allowed as a deduction for the next consecutive five assessment years.
Summary Of Income Tax Exemptions Under Section 10
Section
Exemption
Description
10(1)
Agricultural Income
Income from rent/revenue of agricultural land, cultivation, operations, and farm buildings is exempt.
10(2A)
Partner’s Profit Share
Profit share received by a partner from a firm/LLP is fully exempt.
10(5)
Leave Travel Allowance (LTA)
Exemption on domestic travel fare (air/train/bus) provided under CTC; other travel costs are not exempt.
10(10)
Gratuity
Fully exempt for govt. employees; private sector exemption depends on Gratuity Act coverage.
10(10A)
Commuted Pension
Commuted pension for govt. employees is fully exempt.
10(10AA)
Leave Encashment
Fully exempt for govt. employees; Others employees exempt up to the least of; Rs 25 Lakhs Leave Salary Actually Received 10-month avg salary Cash Equivalent of Unavailed Leave Credit at the time of retirement
10(10B)
Retrenchment Compensation
Exempt up to Rs. 5 Lakhs or 15 days’ average pay × completed service years, whichever is less.
10(10C)
Voluntary Retirement
Exemption up to least of Rs. 5 lakhs 3-month salary × years served, or last drawn salary × months left till retirement.
10(10D)
Life Insurance Proceeds
Maturity proceeds are exempt unless conditions on premium or policy type (e.g. Keyman) are breached.
10(11)
Provident Fund & Sukanya Samriddhi
Interest exempt; contributions over Rs. 2.5L/year from FY 2021-22 are taxable.
10(13A)
House Rent Allowance (HRA)
Exempt up to least of HRA received 40% or 50% of salary (Basic + DA), or Actual rent paid – 10% of salary (Basic + DA)
10(14)
Special Allowances
Includes food allowance (Rs. 26,400/year), internet, conveyance, research, etc., if spent for official work.
10(14)(ii)
Education & Disability Transport Allowance
Rs. 100/month/child (max 2) Rs. 3,200/month for transport if disabled.
10(15)
Interest on Savings Certificates
Exempt up to Rs. 3,500 (individual) or Rs. 7,000 (joint accounts) on post office and specified securities.
10(23C)
Educational/Medical Institutions
Institutions with annual receipts ≤ Rs. 5 crore are exempt.
10(26)
ST Income (NE States)
Exempt for Scheduled Tribe members on income from specified NE states.
10(26AAA)
Sikkimese Individuals
Income from Sikkim or from securities/dividends by Sikkimese individuals is exempt.
10(34)
Dividend Income
Dividend up to Rs. 10,000 received till 31st March 2020 is exempt.
10(34A)
Buy-Back of Shares
Buy-back amount received from domestic companies before 01.10.2024 is exempt.
10(35)
Mutual Fund Income
Exemption for income from specified mutual funds (till 31st March 2020).
10(37)
Urban Agri Land Acquisition
Capital gains from compulsory acquisition exempt if land used for agri for 2 years and acquired under scheme.
10(38)
LTCG on Equity
LTCG on listed shares/mutual funds exempt if STT paid (till 31st March 2018).
10AA
SEZ Units
100% deduction on export profit for 5 yrs, 50% for next 5 yrs, then 50% of retained earnings for 5 yrs.
How Do I Claim Section 10 Income Tax Exemptions On My Taxes?
Claiming Section 10 exemptions or allowances while filing your income tax return requires accurately disclosing your income sources and exemptions in the return. It's crucial to maintain proper documentation. The documents required are Form 16, salary slips, and other supporting documents, to validate their exemption claims.
After applying the exemptions to your total income, make sure to calculate your taxes correctly. Choose the appropriate ITR form based on your income sources, submit it, and e-verify it before the filing deadline to avoid penalties and interest.
Conclusion
Section 10 provides several exemptions that help taxpayers reduce their taxable income, resulting in lower tax liability. Understanding these exemptions and the conditions for claiming them can significantly reduce tax obligations. Therefore, it's crucial for taxpayers to be aware of these exemptions and how to claim them while filing their returns.
Frequently Asked Questions
What is the eligibility criteria for Section 10(10D)?
In order to be eligible for exemptions under Section 10(10D), you must have a life insurance policy; the value received upon its maturity, including the bonus component, can be claimed as an exemption.
Is the House Rent Allowance fully exempt from taxation?
No, Section 10(13A) of the Income Tax Act only provides exemptions for a part of the HRA, but it also has a few limitations.
What does Section 10(10C) exempt?
Section 10(10C) exempts the income received on voluntary retirement up to maximum amount of Rs.5 lakh.
What does Section 10(9) exempt?
Section 10(9) exempts the income of family members of foreign employees under the Cooperative Technical Assistance Program.
Is the amount received from Sukanya Samriddhi Account at the time of maturity exempt?
The amount received upon maturity of the Sukanya Samriddhi Account is exempt from tax without any limit.
Is NPS exempt from tax?
The amount upto 60% of the value received from the NPS upon retirement or closure of the account shall be exempt from taxes and upon partial withdrawal upto 25% of the contribution made shall be exempt.
Will I be eligible to claim the exemption u/s 10 if I opt for new regime?
Nom if you opt for new regime, you will not be eligible to claim exemption u/s 10.
About the Author
CA Mohammed S Chokhawala
Content Writer
I'm a chartered accountant, well-versed in the ins and outs of income tax, GST, and keeping the books balanced. Numbers are my thing, I can sift through financial statements and tax codes with the best of them. But there's another side to me – a side that thrives on words, not figures. Read more
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