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Exempted Incomes : Sec.10(4B) to Sec.10 (6)

6.      Interest paid to a person of Indian Origin and who is Non-Resident [Section 10(4B)]

In case of an individual, being a citizen of India or a person of Indian origin, who is nonresident, any income from interest on such savings certificates issued by the Central Government, as Government may specify in this behalf by notification in the Official Gazette, shall be fully exempt. The exemption under this section shall not be allowed on bonds or securities issued on or after 1-6-2002.

This exemption shall be allowed only if the individual has subscribed to such certificates in Foreign Currency or other foreign exchange remitted from a country outside India in accordance with the provisions of the Foreign Exchange Act, 1973, FEMA, 1999 and any rules made there under.

For this purpose, a person shall be deemed to be of Indian origin if he or either of parents or any of his grandparents, was born in India or in undivided India.

7.      Travel Concession to an Indian Citizen Employee [Section 10(5)]

The provisions of section 10(5) relating to leave travel concession have been completely changed with effect from 1-4-89, i.e., assessment year 1989-90 by the Direct Tax Law (Second Amendment Act 1989) which are as follows :

          (a)     Value of any travel concession or assistance received by or due to an individual from his employer for himself and his family in connection with his proceeding on leave to any place in India

OR

          (b)     Value of any travel concession or assistance received by or due to an individual from his employer or former employer for himself and his family in connection with his proceeding to any place in India after retirement from service or after the termination of his service shall be completely exempt from tax subject to conditions given below :

          1.       The concession must have been allowed having regard to the travel concession or assistance granted to the Central Govt. employees.

          2.       In no case the exempted amount shall exceed the amount of expenses actually incurred for the purpose of this travel.

          3.       The term ‘Family’ shall mean

                   (a)     The spouse and children of the individual ; and

                   (b)     The parents, brothers and sisters of the individual or any of them wholly or mainly dependent on the individual.

The following new rules have been incorporated for journeys performed on or after 1-10-97

(i) In case journey is performed by air

— the leave travel conëession shall be exempted upto an amount not exceeding the air economy fair of the National Carrier by the shortest route to the place of journey.

(ii) In case journey is performed by any mode other than by air

— if place of origin of journey and place of destination are connected by rail but journey is performed by any mode other than by air, the benefit shall be exempted up to an amount not exceeding air conditioned first class rail fare by the shortest route to the place of destination.

(iii) In case place of origin of journey and place of destination are not connected by rail

—the benefit shall be exempted as following

          (a)     where a recognised public transport system exist, it shall be exempted upto an amount equal to first class or deluxe class fare, as the case may be, on such transport by shortest route to the place of destination.

          (b)     where no recognised public system of transport exists the exempted amount shall not exceed the air conditioned first class fare for the distance of journey by shortest route as if journey is performed by rail.

With effect from 1-10-1998 the exemption for the benefit of leave travel concession shall be restricted for two children only. But this restriction shall not be applicable on children born before 1-10-1998 and also in case of multiple births after one child on or after 1-10-1998.

8.      Remuneration received by an individual who is not a citizen of India [Section 10(6)]

The following incomes are exempt when received by an individual who is not a citizen of India:

(i) Remuneration [U/s 10(6)(ii)].

          (a)     The remuneration received by an ambassador or other officials of the Embassy, High Commission or Legation of a foreign State in India.

          (b)     The remuneration by a consular officer of a foreign State in India.

          (c)     The remuneration received by a trade commissioner or other official representative in India of a foreign State, provided corresponding officials of      the Government of India in that country are given a similar concession.

          (d) The remuneration received by a member of the staff of any of the officials referred to in (a), (b) and (c) above.

If the person mentioned above in (a) to (d) is a subject of the country represented, is not engaged in any business, profession or employment in India (otherwise than as a member of such staff), and the country represented gives similar concession to the members of the staff of corresponding officials of the Government of India.

(ii) Remuneration received by him as an employee of foreign enterprise [U/s 10(6)(vi)]

(e.g., technician deputed by a foreign firm to work in India), for service rendered by him during his stay in India provided the following conditions are fulfilled—(a) the foreign enterprise is not engaged in any trade or business in India ; (b) his stay in India does not exceed in the aggregate a period of 90 days in such previous year ; and (c) such remuneration is not liable to be deducted from the income of the employer chargeable under the Act.

(iii) Employment on a foreign ship [U/s 10(6)(viii)].

Any income chargeable under the head “Salaries” received by or due to any such individual being a non-resident, as remuneration for service rendered in connection with his employment on a foreign ship where his total stay in India does not exceed in the aggregate of a period of 90 days in the previous year.

(iv) Remuneration received by an employee of foreign govt. during his stay in India for his training in India [U/s 10(6)(xi)].

Such remuneration shall be fully exempted if he is taking training in any of the following concern

          (a)     Institution owned by govt

          (b)     A company wholly owned by Central or State govt. or partly owned by Central and partly by State govt

          (c)     A subsidiary Co. of company referred at point (b) above

          (d)     Any corporation established by or under Central, State or Provincial Act

          (e)     Any society registered under Societies Registration Act; 186Q and which     is wholly financed by Central or State govt.
 
 
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