Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
RelevanceDefaultDate
    ManualsIncome Tax
    Whether a person is allowed HRA exemption even if he do not have the HRA component in his salary but...
    ManualsIncome Tax
    Whether exemption of HRA is allowed if rent is paid to any family members?
    ManualsIncome Tax
    What is the treatment of payment at the time of termination from un-recognised provident fund u/s 10...
    ManualsIncome Tax
    Whether a husband-wife both can claim LTA u/s 10(5)?
    ManualsIncome Tax
    Is it possible to claim LTA Twice in a Year u/s 10(5)?
    ManualsIncome Tax
    Can the Leave travel concession u/s 10(5) be carried forward?
    ManualsIncome Tax
    Can an individual claim the LTA u/s 10(5) in case of Switch of JOB?
    ManualsIncome Tax
    What type of expenses are covered under Leave Travel expense u/s 10(5)?
    ManualsIncome Tax
    Whether the exemption u/s 10(38) is avaliable if the transaction is undertaken on a stock exchange l...
    ManualsIncome Tax
    Whether Shares acquired as Gift from someone, are eligible for exemption u/s 10(38) at the time of s...
    ManualsIncome Tax
    Whether an enhanced compensation by any court or other authority shall be included u/s 10(37)?
    ManualsIncome Tax
    Whether the income on transfer of units is also exempt u/s 10(35)?
    ManualsIncome Tax
    Whether the exemption u/s 10(34A) on income arising due to buyback of shares applies on Long Term Ca...
    ManualsIncome Tax
    What are the cases where any sum received for life insurance policy u/s 10(10D) shall be exempt.
    ManualsIncome Tax
    What type of incomes shall be exempted u/s 10(8)?
    ManualsIncome Tax
    What are the conditions specified u/s 10(23A) for claiming exemption on Income of some Professional ...
    ManualsIncome Tax
    What are the conditions as specified u/s 10(21) to avail exemption of any income of a research assoc...
    ManualsIncome Tax
    As per section 10(19A), if the annual value of any one palace in the occupation of a former ruler, i...
    ManualsIncome Tax
    Whether any amount received as family pension by any member of the family of an individual who has b...
    ManualsIncome Tax
    A partner of the firm/LLP receives interest on capital and remuneration from the firm/LLP. Whether s...
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

    Are you sure you want to delete "My most important" ?

    NOTE:

    Notes
    Showing Results for :
    Reset Filters
    Results Found:
    Show All SummariesHide All Summaries
    ManualsIncome Tax
    Show AI Summary
    HRA exemption: tenants without an HRA salary component may claim rent relief by meeting Section 80GG conditions.
    An individual who does not receive House Rent Allowance as part of salary may claim the deduction for rent paid under Section 80GG, provided the statutory conditions and documentation for that provision are met.
    ManualsIncome Tax
    Show AI Summary
    HRA exemption: rent paid to family members can qualify for tax relief, but payments to a spouse are not allowed.
    HRA exemption is available when an individual pays rent to family members and resides with them, provided the standard conditions for claiming HRA under salary exemptions are met; rent paid to a spouse is not accepted for HRA exemption.
    ManualsIncome Tax
    Show AI Summary
    Tax treatment of termination payments from unrecognised provident funds: employer contributions treated as salary; employee contributions exempt.
    Employee contributions on termination from an un-recognised provident fund are exempt from tax, while interest on those employee contributions is taxable as Income from Other Sources. Employer contributions and interest thereon are treated as salary income; recipients may claim available relief for the salary-characterised portion under the statutory relief mechanism for salary receipts.
    ManualsIncome Tax
    Show AI Summary
    Leave Travel Allowance exemption: spouses may each claim from their employers but not for the same journey.
    Both spouses may claim exemption for Leave Travel Allowance (LTA) from their respective employers as a salary-specific exemption, but both cannot claim exemption for the same journey.
    ManualsIncome Tax
    Show AI Summary
    Leave Travel Allowance (LTA) claim limited to one journey per year; two journeys in a block cannot both be claimed together.
    Leave Travel Allowance (LTA) under section 10(5) permits two journeys in a block of four years, but the exemption can be claimed for only one journey in a single year, so both journeys cannot be claimed in the same year.
    ManualsIncome Tax
    Show AI Summary
    Leave Travel Allowance carry forward permitted, claimable in first year of next block under income tax rules.
    Carry forward of Leave Travel Allowance under the income tax exemption regime is permitted when the allowance remains unused and may be claimed in the first year of the next block, preserving the tax-exempt benefit for the taxpayer into the subsequent block.
    ManualsIncome Tax
    Show AI Summary
    Leave Travel Allowance entitlement can be claimed from both current and former employer if prior LTA remains unutilized.
    An individual who switches jobs may claim Leave Travel Allowance (LTA) from both the current employer and the former employer provided the former employer's LTA concession remains unutilized; the entitlement is limited to recovery of that unutilized salary-specific exemption and does not extend beyond the unutilized LTA benefit.
    ManualsIncome Tax
    Show AI Summary
    Leave travel expense covers only the cost of travel; accommodation and meals are excluded from tax exemption.
    Leave travel benefits under section 10(5) are confined to the cost of travel itself and do not extend to ancillary expenses; incidental outlays such as food, hotel accommodation, and similar subsistence expenses are excluded from the scope of the travel expense exemption.
    ManualsIncome Tax
    Show AI Summary
    Exemption under section 10(38) available when transaction is on an IFSC exchange and consideration is in foreign currency.
    Exemption from long term capital gains under 10(38) applies despite non payment of Securities Transaction Tax if the transfer is on a recognised stock exchange in an International Financial Service Centre and the consideration is paid or payable in foreign currency.
    ManualsIncome Tax
    Show AI Summary
    Exemption under Section 10(38) applies to gifted shares on sale if the prior owner did not acquire them in a disqualifying manner.
    Shares received as a gift are eligible for exemption under Section 10(38) on sale, provided the previous owner did not acquire the shares in a manner or under conditions that disqualify them from the exemption.
    ManualsIncome Tax
    Show AI Summary
    Exemption for enhanced compensation confirms enhanced compensation falls within exempted compensation under income tax law.
    Enhanced compensation is treated as part of "compensation" for the purposes of the exemption under 10(37); amounts characterized as enhanced compensation are encompassed by the exemption framework and are not taxable under that provision, as stated in the income tax manual guidance on exempted income.
    ManualsIncome Tax
    Show AI Summary
    Income on transfer of units is not exempt under section 10(35); such transfer income remains taxable.
    Income arising on the transfer of units is not covered by the exemption under 10(35); proceeds from disposal of units are not exempt under that clause and must be treated as taxable transfer income under ordinary tax provisions.
    ManualsIncome Tax
    Show AI Summary
    Exemption on buyback income applies irrespective of short term or long term capital gains for shareholders under income tax law.
    The exemption on buyback income applies to a shareholder's receipt irrespective of the holding period; buyback proceeds are exempt from income tax in the shareholder's hands whether classified as short term or long term capital gains.
    ManualsIncome Tax
    Show AI Summary
    Life insurance exemption under section 10(10D) lists categories where policy receipts are fully tax-exempt from income tax.
    Exemption under Section 10(10D) covers amounts received on life insurance policies in defined categories: proceeds on insurance of a dependent handicapped person, proceeds under key man policies, and proceeds where annual premiums exceed specified proportions of the actual capital sum assured for policies issued in particular periods; proceeds under the premium ratio exceptions are stated to be fully exempt if received on the death of the person.
    ManualsIncome Tax
    Show AI Summary
    Income exemption under Section 10(8): foreign government remuneration for duties in India and foreign-sourced taxable income.
    Exemption under Section 10(8) covers two categories where agreements provide relief: remuneration paid by the foreign State for duties performed in India, and any other income arising outside India that the individual is required to tax as income or social security tax in that foreign State.
    ManualsIncome Tax
    Show AI Summary
    Exemption for professional institutions under section 10(23A) requires Central Government approval and exclusive application of income to objects.
    Exemption under section 10(23A) requires that an institution apply its income, or accumulate it for application, solely to the objects for which it is established, and that the institution be approved by the Central Government; both conditions are cumulative for claiming the exemption.
    ManualsIncome Tax
    Show AI Summary
    Exemption for research association income requires exclusive application to objects and permitted investments with corpus exceptions.
    Exemption requires that the research association apply its income, or accumulate it, wholly and exclusively to its objects, and that funds not be invested or deposited during the previous year except in forms permitted for trusts; exceptions to the investment restriction include assets forming part of the corpus, accretions to shares forming the corpus, and voluntary contributions maintained in kind such as jewellery or furniture.
    ManualsIncome Tax
    Show AI Summary
    Letting of former ruler's palace results in taxable income under section 10(19A), not eligible for exemption.
    If any palace or portion occupied by a former ruler is let out, the rent or annual value of that let-out portion is not exempt and is taxable rather than eligible for the exemption applicable to former rulers.
    ManualsIncome Tax
    Show AI Summary
    Family pension exemption shields dependents of government servants or decorated servicemen from taxable income under income tax law.
    Any amount received as family pension by members of the family of an individual who has been in Government service or has been awarded the Vir Chakra is fully exempted under the relevant income tax provision, and therefore excluded from the recipient's taxable income as an assessee-specific exemption.
    ManualsIncome Tax
    Show AI Summary
    Share of profit exemption: interest on capital and partner remuneration are not covered under the provision.
    The exemption is confined to a partner's share of profit from the firm or LLP and does not extend to interest on capital or to remuneration paid to the partner; such receipts must therefore be treated separately from the profit-share exemption.

    TMI Notes

    Back

    All TMI Notes

    Showing Results for :
    Reset Filters
      No Records Found

      TMI Notes

      Back

      All TMI Notes

      whatsappJoin Channel
      Showing Results for : Reset Filters

      Comparison of SCHEDULE IV "INCOME NOT TO BE INCLUDED IN TOTAL INCOME OF ELIGIBLE NON-RESIDENTS, FOREIGN COMPANIES AND OTHER SUCH PERSONS" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      18 September, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      SCHEDULE IV - INCOME NOT TO BE INCLUDED IN TOTAL INCOME OF ELIGIBLE NON-RESIDENTS, FOREIGN COMPANIES AND OTHER SUCH PERSONS

      Income-tax Act, 2025

      At a Glance

      Schedule IV (Old Version) to the Income Tax Bill, 2025 lists categories of income that shall not be included in the total income of specified eligible non-residents, foreign companies and other persons (see section 11 reference). It matters for non-resident individuals and foreign entities interacting with India (embassies, foreign enterprises, foreign companies, European Economic Community etc.). Effective date or decision date: Not stated in the document.

      Background & Scope

      Statutory hook: SCHEDULE IV is framed under "See section 11" of the Bill. The Schedule sets out tabulated exemptions (column A: serial number; B: income not to be included; C: eligible persons; D: conditions). The Schedule covers diverse categories including interest on NRE accounts, diplomatic remuneration, employees of foreign enterprises, incomes linked to foreign ships, government trainees, royalties/fees for technical services to specified security agencies, offshore banking unit deposits, cruise ship lease rentals, investments by the European Economic Community, and specified crude-oil related receipts to foreign companies. Definitions or explanatory notes: Note 1 (Sl. No. 9) defines "specified company", "holding company" and "subsidiary company"; Note 2 defines "European Economic Community". No other standalone definitions are provided within the Schedule.

      Statutory Provision Mode

      Text & Scope

      The Schedule operates by excluding from computation of total income certain enumerated receipts of eligible non-residents and foreign companies, subject to conditions. Each serial entry specifies (i) the class of income, (ii) the class of eligible person(s), and (iii) conditions that must be satisfied for the income to be excluded. The exclusions are limited to the headings set out in the Table. The Schedule cross-references other statutory instruments: section 2(w) of the Foreign Exchange Management Act, 1999 (for residency definition), section 2(u) of the Special Economic Zones Act, 2005 (for Offshore Banking Unit), and sections of the Income-tax Act, 1961 (for certain sub-sections listed at Sl. No. 14).

      Interpretation

      Legislative intent, as discernible from textual structure: to provide targeted exemptions for certain foreign-sourced or diplomatically connected incomes, strategically significant commercial arrangements (e.g., crude oil storage/sale by notified foreign companies), and to maintain reciprocity for diplomatic personnel. The Schedule uses notification powers (Central Government) and pre-conditions (e.g., residence outside India, RBI permission, aggregate days of stay) as mechanisms to limit the benefit to particular factual situations. The text indicates that the exemption is conditional rather than absolute, requiring specified factual predicates and administrative notifications.

      Exceptions/Provisos

      Carve-outs and conditions appear in column D against each serial number. Notable conditions include:

      • Sl. No. 1: interest on moneys in a Non-Resident (External) Account in Indian banks as per FEMA and rules.
      • Sl. No. 2: diplomatic/trade commissioner exemption conditioned on reciprocity and staff status (not engaged in business/profession in India).
      • Sl. No. 3 and 4: time-bound presence (90 days aggregate in tax year) and absence of employer's taxable presence in India.
      • Sl. No. 6-7: notifications by Central Government and specified recipient being National Technical Research Organisation for certain royalties/fees.
      • Sl. No. 8: deposit date threshold (on or after 1 April 2005) and Offshore Banking Unit reference.
      • Sl. No. 9: intra-group cruise ship lease rental conditions, and temporal limitation to tax years beginning on or before 1 April 2029.
      • Sl. Nos. 11-13: Central Government notification and agreements/arrangements entered into or approved by Central Government, with national interest consideration, and limitations on activities of the foreign company in India.
      • Sl. No. 14: incomes falling under specified sections of the Income-tax Act, 1961 subject to conditions specified therein.

      Illustrations

      • Example 1: An individual non-resident holding a Non-Resident (External) Account with interest earned thereon - the interest is excluded from total income if the account is maintained as per FEMA and rules. (Directly consistent with text.)
      • Example 2: A non-citizen employee of a foreign enterprise who visits India for 60 aggregate days in the year to provide services for a foreign employer that has no trade or business in India - his remuneration for services rendered during the stay is excluded provided the remuneration is not taxable to the employer under the Act. (Consistent with Sl. No. 3.)
      • Example 3: A notified foreign company stores crude oil in India under a Central Government-approved arrangement and sells the oil to an Indian resident as per the agreement - the income accruing from storage and sale is not included in total income subject to notification. (Consistent with Sl. Nos. 12-13.)

      Interplay

      The Schedule expressly interacts with: FEMA, 1999 (residency definition and NR(E) accounts); Special Economic Zones Act, 2005 (Offshore Banking Units); and referenced sections of the Income-tax Act, 1961 for Sl. No. 14 exemptions. Several exemptions depend on Central Government notification or agreements entered into/approved by the Central Government, indicating administrative coordination between tax authorities and executive departments. No rules or notifications beyond these cross-references are reproduced in the document.

      Differences between SCHEDULE IV - Income-tax Act, 2025 (Document 1) and Income Tax Bill, 2025 - Old Version (Document 2)

      • Textual corrections and punctuation: Document 1 contains minor editorial differences (for example, punctuation and phrasing around clauses (a)-(d) under Sl. No. 11 and Sl. No. 12 are slightly more concise).
        • Practical impact: purely editorial; no substantive change in scope or meaning appears from the texts provided.
      • Minor wording differences on eligibility phrases: e.g., Document 2 in Sl. No. 8 specifies "Non-resident or a person who is not ordinarily resident in India," whereas Document 1 uses "Non-resident or a person who is not ordinarily resident."
        • Practical impact: nominal; contextually both identify same classes of persons; if interpreted strictly, omission of "in India" could raise an interpretive question but the intent remains the same.
      • Variation in presentation of Sl. No. 11 and 13 wording: Document 1 states that the Central Government may notify "any person in India" and that the foreign company and the agreement are notified "having regard to the national interest"; Document 2 requires that "such agreement is entered with the foreign company, having regard to the national interest, and the agreement or arrangement is notified."
        • Practical impact: Document 1 frames notification of the company and agreement slightly differently; both require Central Government notification and national-interest consideration. Substantively the scope of exemption is governed by Central Government notification; any difference is stylistic unless read to alter the sequencing of notification vs. entry of agreement - not expressly stated as a legal difference in the texts.
      • Formatting and small textual insertions: Document 2 contains a stray full stop after the clause in Sl. No. 7(b) and some additional bracket spacing in Sl. No. 14.
        • Practical impact: typographical; no substantive legal consequence discernible from the provided materials.

      Practical Implications

      • Compliance and risk areas: taxpayers and foreign entities must ensure that qualifying conditions (residency status, period of stay, RBI permission, Central Government notification/approval, and absence of trade or business in India) are satisfied and documented before claiming the exclusion. Failure to meet stated conditions risks disallowance and tax exposure.
      • Record-keeping/evidence: maintenance of residency documentation (FEMA definitions), RBI permissions for NR(E) accounts, travel and stay records (to evidence the 90-day threshold), copies of Central Government notifications/agreements, and employer payroll records to show whether employer's income is chargeable in India. For Sl. No. 9, intra-group corporate documentation establishing holding/subsidiary relationships as per Note 1 is relevant.

      Key Takeaways

      • Schedule IV enumerates limited classes of income excluded from "total income" for particular non-residents and foreign entities, subject to explicit conditions and administrative notifications.
      • Most exemptions require factual predicates (residency status, period of presence, non-engagement in business in India) and/or Central Government notification or agreement.
      • Several exemptions are purpose-specific (diplomatic reciprocity, security projects, national-interest crude oil arrangements, cruise ship group structures, EEC investment schemes).
      • Document differences between the Act version and the Bill old version are largely editorial and typographical; no substantive changes are discernible from the texts provided.
      • Taxpayers and advisers should retain documentary evidence of qualifying conditions and track Central Government notifications/approvals relevant to the Schedule.

      Full Text:

      SCHEDULE IV - INCOME NOT TO BE INCLUDED IN TOTAL INCOME OF ELIGIBLE NON-RESIDENTS, FOREIGN COMPANIES AND OTHER SUCH PERSONS

      Topics

      ActsIncome Tax