INCOME TAX ACT, 1961

Section 5: Scope of total income.

(1) Subject to the provisions of this Act, the total income of any previous year of a person who is
a resident includes all income from whatever source derived which
(a) is received or is deemed to be received in India in such year by or on behalf of such person ;
or
(b) accrues or arises or is deemed to accrue or arise to him in India during such year ; or
(c) accrues or arise to him outside India during such year :
Provided that, in the case of a person not ordinarily resident in India within the meaning of subsection (6)* of section 6, the income which accrues or arises to him outside India shall not be so
included unless it is derived from a business controlled in or a profession set up in India.
(2) Subject to the provisions of this Act, the total incomeof any previous year of a person who is
a non-resident includes all income from whatever source derived which
(a) is received or is deemed to be received in India in such year by or on behalf of such person ;
or
(b) accrues or arises or is deemed to accrue or arise to him in India during such year.
Explanation 1.Income accruing or arising outside India shall not be deemed to be received in
India within the meaning of this section by reason only of the fact that it is taken into account in
a balance sheet prepared in India.
Explanation 2.For the removal of doubts, it is hereby declared that income which has been
included in the total income of a person on the basis that it has accrued or arisen or is deemed to
have accrued74 or arisen74 to him shall not again be so included on the basis that it is received
or deemed to be received by him in India.
Section 6: Residence in India.
For the purposes of this Act,
(1) An individual is said to be resident in India in any previous year, if he
(a) is in India in that year for a period or periods amounting in all to one hundred and eighty-two
days or more ; or

(c) having within the four years preceding that year been in India for a period or periods
amounting in all to three hundred and sixty-five days or more, is in India for a period or periods
amounting in all to sixty days or more in that year.
[Explanation.In the case of an individual,
(a) being a citizen of India, who leaves India in any previous year [as a member of the crew of an
80Indian ship as defined in clause (18) of section 3 of the Merchant Shipping Act, 1958 (44 of
1958), or] for the purposes of employment outside India, the provisions of sub-clause (c) shall
apply in relation to that year as if for the words sixty days, occurring therein, the words one
hundred and eighty-two days had been substituted ;
(b) being a citizen of India, or a person of Indian origin within the meaning of Explanation to
clause (e) of section 115C, who, being outside India, comes on a visit to India in any previous
year, the provisions of sub-clause (c) shall apply in relation to that year as if for the words sixty
days, occurring therein, the words one hundred and [eighty-two] days had been substituted.]
(2) A Hindu undivided family, firm or other association of persons is said to be resident in India
in any previous year in every case except where during that year the control and management81a
of its affairs is situated wholly outside India.
(3) A company is said to be resident in India in any previous year, if
(i) it is an Indian company ; or
(ii) during that year, the control and management of its affairs is situated wholly in India.
(4) Every other person is said to be resident in India in any previous year in every case, except
where during that year the control and management of his affairs is situated wholly outside India.
(5) If a person is resident in India in a previous year relevant to an assessment year in respect of
any source of income, he shall be deemed to be resident in India in the previous year relevant to
the assessment year in respect of each of his other sources of income.
[(6) A person is said to be not ordinarily resident in India in any previous year if such person is
(a) an individual who has been a non-resident in India in nine out of the ten previous years
preceding that year, or has during the seven previous years preceding that year been in India for a
period of, or periods amounting in all to, seven hundred and twenty-nine days or less; or
(b) a Hindu undivided family whose manager has been a non-resident in India in nine out of the
ten previous years preceding that year, or has during the seven previous years preceding that year
been in India for a period of, or periods amounting in all to, seven hundred and twenty-nine days
or less.]

Section 9: Income deemed to accrue or arise in India.

The following incomes shall be deemed to accrue or arise in India :
(i) all income accruing or arising, whether directly or indirectly, through or from any business
connection in India, or through or from any property in India, or through or from any asset or
source of income in India, [* * *] or through the transfer of a capital asset situate in India.
[Explanation 1].For the purposes of this clause
(a) in the case of a business of which all the operations are not carried out in India, the income of
the business deemed under this clause to accrue or arise in India shall be only such part of the
income as is reasonably attributable to the operations carried out in India ;
(b) in the case of a non-resident, no income shall be deemed to accrue or arise in India to him
through or from operations which are confined to the purchase of goods in India for the purpose
of export ;
[(c) in the case of a non-resident, being a person engaged in the business of running a news
agency or of publishing newspapers, magazines or journals, no income shall be deemed to accrue
or arise in India to him through or from activities which are confined to the collection of news
and views in India for transmission out of India ;]
[(d) in the case of a non-resident, being
(1) an individual who is not a citizen of India ; or
(2) a firm which does not have any partner who is a citizen of India or who is resident in India ;
or
(3) a company which does not have any shareholder who is a citizen of India or who is resident
in India, no income shall be deemed to accrue or arise in India to such individual, firm or
company through or from operations which are confined to the shooting of any cinematograph
film in India.]
[Explanation 2.For the removal of doubts, it is hereby declared that business connection
shall include any business activity carried out through a person who, acting on behalf of the nonresident,
(a) has and habitually exercises in India, an authority to conclude contracts on behalf of the nonresident, unless his activities are limited to the purchase of goods or merchandise for the nonresident; or

(b) has no such authority, but habitually maintains in India a stock of goods or merchandise from
which he regularly delivers goods or merchandise on behalf of the non-resident; or
(c) habitually secures orders in India, mainly or wholly for the non-resident or for that nonresident and other non-residents controlling, controlled by, or subject to the same common
control, as that non-resident:
Provided that such business connection shall not include any business activity carried out
through a broker, general commission agent or any other agent having an independent status, if
such broker, general commission agent or any other agent having an independent status is acting
in the ordinary course of his business :
Provided further that where such broker, general commission agent or any other agent works
mainly or wholly on behalf of a non-resident (hereafter in this proviso referred to as the principal
non-resident) or on behalf of such non-resident and other non-residents which are controlled by
the principal non-resident or have a controlling interest in the principal non-resident or are
subject to the same common control as the principal non-resident, he shall not be deemed to be a
broker, general commission agent or an agent of an independent status.
Explanation 3.Where a business is carried on in India through a person referred to in clause (a)
or clause (b) or clause (c) of Explanation 2, only so much of income as is attributable to the
operations carried out in India shall be deemed to accrue or arise in India.]
[Explanation 4.For the removal of doubts, it is hereby clarified that the expression through
shall mean and include and shall be deemed to have always meant and included by means of,
in consequence of or by reason of.
Explanation 5.For the removal of doubts, it is hereby clarified that an asset or a capital asset
being any share or interest in a company or entity registered or incorporated outside India shall
be deemed to be and shall always be deemed to have been situated in India, if the share or
interest derives, directly or indirectly, its value substantially from the assets located in India;]
(ii) income which falls under the head Salaries, if it is earned3 in India.
[Explanation.For the removal of doubts, it is hereby declared that the income of the nature
referred to in this clause payable for
(a) service rendered in India; and
(b) the rest period or leave period which is preceded and succeeded by services rendered in India
and forms part of the service contract of employment,
shall be regarded as income earned in India ;]

(iii) income chargeable under the head Salaries payable by the Government to a citizen of
India for service outside India ;
(iv) a dividend paid by an Indian company outside India ;
[(v) income by way of interest payable by
(a) the Government ; or
(b) a person who is a resident, except where the interest is payable in respect of any debt
incurred, or moneys borrowed and used, for the purposes of a business or profession carried on
by such person outside India or for the purposes of making or earning any income from any
source outside India ; or
(c) a person who is a non-resident, where the interest is payable in respect of any debt incurred,
or moneys borrowed and used, for the purposes of a business or profession carried on by such
person in India ;
(vi) income by way of royalty payable by
(a) the Government ; or
(b) a person who is a resident, except where the royalty is payable in respect of any right,
property or information used or services utilised for the purposes of a business or profession
carried on by such person outside India or for the purposes of making or earning any income
from any source outside India ; or
(c) a person who is a non-resident, where the royalty is payable in respect of any right, property
or information used or services utilised for the purposes of a business or profession carried on by
such person in India or for the purposes of making or earning any income from any source in
India :
Provided that nothing contained in this clause shall apply in relation to so much of the income by
way of royalty as consists of lump sum consideration for the transfer outside India of, or the
imparting of information outside India in respect of, any data, documentation, drawing or
specification relating to any patent, invention, model, design, secret formula or process or trade
mark or similar property, if such income is payable in pursuance of an agreement made before
the 1st day of April, 1976, and the agreement is approved by the Central Government :
[Provided further that nothing contained in this clause shall apply in relation to so much of the
income by way of royalty as consists of lump sum payment made by a person, who is a resident,
for the transfer of all or any rights (including the granting of a licence) in respect of computer
software supplied by a non-resident manufacturer along with a computer or computer-based
equipment under any scheme approved under the Policy on Computer Software Export, Software
Development and Training, 1986 of the Government of India.]
5

Explanation 1.For the purposes of the 8[first] proviso, an agreement made on or after the 1st
day of April, 1976, shall be deemed to have been made before that date if the agreement is made
in accordance with proposals approved by the Central Government before that date; so, however,
that, where the recipient of the income by way of royalty is a foreign company, the agreement
shall not be deemed to have been made before that date unless, before the expiry of the time
allowed under sub-section (1) or sub-section (2) of section 139 (whether fixed originally or on
extension) for furnishing the return of income for the assessment year commencing on the 1st
day of April, 1977, or the assessment year in respect of which such income first becomes
chargeable to tax under this Act, whichever assessment year is later, the company exercises an
option by furnishing a declaration in writing to the 9[Assessing] Officer (such option being final
for that assessment year and for every subsequent assessment year) that the agreement may be
regarded as an agreement made before the 1st day of April, 1976.
Explanation 2.For the purposes of this clause, royalty means consideration (including any
lump sum consideration but excluding any consideration which would be the income of the
recipient chargeable under the head Capital gains) for
(i) the transfer of all or any rights (including the granting of a licence) in respect of a patent,
invention, model, design, secret formula or process or trade mark or similar property ;
(ii) the imparting of any information concerning the working of, or the use of, a patent,
invention, model, design, secret formula or process or trade mark or similar property ;
(iii) the use of any patent, invention, model, design, secret formula or process or trade mark or
similar property ;
(iv) the imparting of any information concerning technical, industrial, commercial or scientific
knowledge, experience or skill ;
[(iva) the use or right to use any industrial, commercial or scientific equipment10a but not
including the amounts referred to in section 44BB;]
(v) the transfer of all or any rights (including the granting of a licence) in respect of10a any
copyright, literary, artistic or scientific work including films or video tapes for use in connection
with television or tapes for use in connection with radio broadcasting, but not including
consideration for the sale, distribution or exhibition of cinematographic films ;
(vi) the rendering of any services in connection with the activities referred to in sub-clauses (i) to
10[(iv), (iva) and] (v).

[Explanation 3.For the purposes of this clause, computer software means any computer
programme recorded on any disc, tape, perforated media or other information storage device and
includes any such programme or any customized electronic data.]
[Explanation 4.For the removal of doubts, it is hereby clarified that the transfer of all or any
rights in respect of any right, property or information includes and has always included transfer
of all or any right for use or right to use a computer software (including granting of a licence)
irrespective of the medium through which such right is transferred.
Explanation 5.For the removal of doubts, it is hereby clarified that the royalty includes and has
always included consideration in respect of any right, property or information, whether or not
(a) the possession or control of such right, property or information is with the payer;
(b) such right, property or information is used directly by the payer;
(c) the location of such right, property or information is in India.
Explanation 6.For the removal of doubts, it is hereby clarified that the expression process
includes and shall be deemed to have always included transmission by satellite (including uplinking, amplification, conversion for down-linking of any signal), cable, optic fibre or by any
other similar technology, whether or not such process is secret;]
(vii) income by way of fees for technical services payable by
(a) the Government ; or
(b) a person who is a resident, except where the fees are payable in respect of services utilised in
a business or profession carried on by such person outside India or for the purposes of making or
earning any income from any source outside India ; or
(c) a person who is a non-resident, where the fees are payable in respect of services utilised in a
business or profession carried on by such person in India or for the purposes of making or
earning any income from any source in India :
[Provided that nothing contained in this clause shall apply in relation to any income by way of
fees for technical services payable in pursuance of an agreement made before the 1st day of
April, 1976, and approved by the Central Government.]
[Explanation 1.For the purposes of the foregoing proviso, an agreement made on or after the
1st day of April, 1976, shall be deemed to have been made before that date if the agreement is
made in accordance with proposals approved by the Central Government before that date.]
Explanation 15[2].For the purposes of this clause, fees for technical services means any
consideration (including any lump sum consi-deration) for the rendering of any managerial,
7

technical or consultancy services (including the provision of services of technical or other

personnel) but does not include consideration for any construction, assembly, mining or like
project undertaken by the recipient16 or consideration which would be income of the recipient
chargeable under the head Salaries.]
(2) Notwithstanding anything contained in sub-section (1), any pension payable outside India to
a person residing permanently outside India shall not be deemed to accrue or arise in India, if the
pension is payable to a person referred to in article 314 of the Constitution or to a person who,
having been appointed before the 15th day of August, 1947, to be a Judge of the Federal Court or
of a High Court within the meaning of the Government of India Act, 1935, continues to serve on
or after the commencement of the Constitution as a Judge in India.
[Explanation.For the removal of doubts, it is hereby declared that for the purposes of this
section, income of a non-resident shall be deemed to accrue or arise in India under clause (v) or
clause (vi) or clause (vii) of sub-section (1) and shall be included in the total income of the nonresident, whether or not,
(i) the non-resident has a residence or place of business or business connection in India; or
(ii) the non-resident has rendered services in India.]\

Section 15: Salaries

Salaries.
The following income shall be chargeable to income-tax under the head Salaries
(a) any salary due from an employer or a former employer to an assessee in the previous year,
whether paid or not;
(b) any salary paid or allowed to him in the previous year by or on behalf of an employer or a
former employer though not due or before it became due to him;
(c) any arrears of salary paid or allowed to him in the previous year by or on behalf of an
employer or a former employer, if not charged to income-tax for any earlier previous year.
[Explanation 1].For the removal of doubts, it is hereby declared that where any salary paid in
advance is included in the total income of any person for any previous year it shall not be
included again in the total income of the person when the salary becomes due.

[Explanation 2.Any salary, bonus, commission or remuneration, by whatever name called, due
to, or received by, a partner of a firm from the firm shall not be regarded as salary for the
purposes of this section.]
Section 16: Deductions from salaries.
The income chargeable under the head Salaries shall be computed after making the following
deductions, namely :
(i) 64[***]
[(ii) a deduction in respect of any allowance in the nature of an entertainment allowance
specifically granted by an employer to the assessee who is in receipt of a salary from the
Government, a sum equal to one-fifth of his salary (exclusive of any allowance, benefit or other
perquisite) or five thousand rupees, whichever is less;]
[(iii) a deduction of any sum paid by the assessee on account of a tax on employment within the
meaning of clause (2) of article 27667 of the Constitution, leviable by or under any law.]
(iv) 68[***]
(v) 69[***]

Section 17: Salary, perquisite and profits in lieu of salary defined.

For the purposes of sections 15 and 16 and of this section,
(1) salary includes
(i) wages;
(ii) any annuity or pension;
(iii) any gratuity;
(iv) any fees, commissions, perquisites or profits in lieu of or in addition to any salary or wages;
(v) any advance of salary;
[(va) any payment received by an employee in respect of any period of leave not availed of by
him;]

(vi) the annual accretion to the balance at the credit of an employee participating in a recognised
provident fund, to the extent to which it is chargeable to tax under rule 6 of Part A of the Fourth
Schedule;
(vii) the aggregate of all sums that are comprised in the transferred balance as referred to in subrule (2) of rule 11 of Part A of the Fourth Schedule of an employee participating in a recognised
provident fund, to the extent to which it is chargeable to tax under sub-rule (4) thereof; and
[(viii) the contribution made by the Central Government 75[or any other employer] in the
previous year, to the account of an employee under a pension scheme referred to in section
80CCD;]
(2) perquisite includes
(i) the value of rent-free accommodation provided to the assessee by his employer;
(ii) the value of any concession in the matter of rent78 respecting any accommodation provided
to the assessee by his employer;
[Explanation 1.For the purposes of this sub-clause, concession in the matter of rent shall be
deemed to have been provided if,
[(a) in a case where an unfurnished accommodation is provided by any employer other than the
Central Government or any State Government and
(i) the accommodation is owned by the employer, the value of the accommodation determined at
the specified rate in respect of the period during which the said accommodation was occupied by
the assessee during the previous year, exceeds the rent recoverable from, or payable by, the
assessee;
(ii) the accommodation is taken on lease or rent by the employer, the value of the
accommodation being the actual amount of lease rental paid or payable by the employer or
fifteen per cent of salary, whichever is lower, in respect of the period during which the said
accommodation was occupied by the assessee during the previous year, exceeds the rent
recoverable from, or payable by, the assessee;]
(b) in a case where a furnished accommodation is provided by the Central Government or any
State Government, the licence fee determined by the Central Government or any State
Government in respect of the accommodation in accordance with the rules framed by such
Government as increased by the value of furniture and fixtures in respect of the period during
which the said accommodation was occupied by the assessee during the previous year, exceeds
the aggregate of the rent recoverable from, or payable by, the assessee and any charges paid or
payable for the furniture and fixtures by the assessee;

10

(c) in a case where a furnished accommodation is provided by an employer other than the Central
Government or any State Government and
(i) the accommodation is owned by the employer, the value of the accommodation determined
under sub-clause (i) of clause (a) as increased by the value of the furniture and fixtures in respect
of the period during which the said accommodation was occupied by the assessee during the
previous year, exceeds the rent recoverable from, or payable by, the assessee;
(ii) the accommodation is taken on lease or rent by the employer, the value of the
accommodation determined under sub-clause (ii) of clause (a) as increased by the value of the
furniture and fixtures in respect of the period during which the said accommodation was
occupied by the assessee during the previous year, exceeds the rent recoverable from, or payable
by, the assessee;
(d) in a case where the accommodation is provided by the employer in a hotel (except where the
assessee is provided such accommodation for a period not exceeding in aggregate fifteen days on
his transfer from one place to another), the value of the accommodation determined at the rate of
twenty-four per cent of salary paid or payable for the previous year or the actual charges paid or
payable to such hotel, whichever is lower, for the period during which such accommodation is
provided, exceeds the rent recoverable from, or payable by, the assessee.
Explanation 2.For the purposes of this sub-clause, value of furniture and fixture shall be ten
per cent per annum of the cost of furniture (including television sets, radio sets, refrigerators,
other household appliances, air-conditioning plant or equipment or other similar appliances or
gadgets) or if such furniture is hired from a third party, the actual hire charges payable for the
same as reduced by any charges paid or payable for the same by the assessee during the previous
year.
Explanation 3.For the purposes of this sub-clause, salary includes the pay, allowances,
bonus or commission payable monthly or otherwise or any monetary payment, by whatever
name called, from one or more employers, as the case may be, but does not include the
following, namely:
(a) dearness allowance or dearness pay unless it enters into the computation of superannuation or
retirement benefits of the employee concerned;
(b) employers contribution to the provident fund account of the employee;
(c) allowances which are exempted from the payment of tax;
(d) value of the perquisites specified in this clause;
(e) any payment or expenditure specifically excluded under the proviso to this clause.]

11

[Explanation 4.For the purposes of this sub-clause, specified rate shall be

(i) fifteen per cent of salary in cities having population exceeding twenty-five lakhs as per 2001
census;
(ii) ten per cent of salary in cities having population exceeding ten lakhs but not exceeding
twenty-five lakhs as per 2001 census; and
(iii) seven and one-half per cent of salary in any other place;]
(iii) the value of any benefit or amenity granted or provided free of cost or at concessional rate in
any of the following cases
(a) by a company to an employee who is a director thereof;
(b) by a company to an employee being a person who has a substantial interest in the company;
(c) by any employer (including a company) to an employee to whom the provisions of
paragraphs (a) and (b) of this sub-clause do not apply and whose income 82[under the head
Salaries (whether due from, or paid or allowed by, one or more employers), exclusive of the
value of all benefits or amenities not provided for by way of monetary payment, exceeds [fifty]
thousand rupees:]
[Explanation.For the removal of doubts, it is hereby declared that the use of any vehicle
provided by a company or an employer for journey by the assessee from his residence to his
office or other place of work, or from such office or place to his residence, shall not be regarded
as a benefit or amenity granted or provided to him free of cost or at concessional rate for the
purposes of this sub-clause;]
(iiia) [***]
(iv) any sum paid by the employer in respect of any obligation which, but for such payment,
would have been payable by the assessee;
(v) any sum payable by the employer, whether directly or through a fund, other than a recognised
provident fund or an approved superannuation fund 87[or a Deposit-linked Insurance Fund
established under section 3G of the Coal Mines Provident Fund and Miscellaneous Provisions
Act, 1948 (46 of 1948), or, as the case may be, section 6C of the Employees Provident Funds
and Miscellaneous Provisions Act, 1952 (19 of 1952)], to effect an assurance on the life of the
assessee or to effect a contract for an annuity; [***]

12

[(vi) the value of any specified security or sweat equity shares allotted or transferred, directly or
indirectly, by the employer, or former employer, free of cost or at concessional rate to the
assessee.
Explanation.For the purposes of this sub-clause,
(a) specified security means the securities as defined in clause (h) of section 290 of the
Securities Contracts (Regulation) Act, 1956 (42 of 1956) and, where employees stock option has
been granted under any plan or scheme therefor, includes the securities offered under such plan
or scheme;
(b) sweat equity shares means equity shares issued by a company to its employees or directors
at a discount or for consideration other than cash for providing know-how or making available
rights in the nature of intellectual property rights or value additions, by whatever name called;
(c) the value of any specified security or sweat equity shares shall be the fair market value of the
specified security or sweat equity shares, as the case may be, on the date on which the option is
exercised by the assessee as reduced by the amount actually paid by, or recovered from, the
assessee in respect of such security or shares;
(d) fair market value means the value determined in accordance with the method as may be
prescribed;
(e) option means a right but not an obligation granted to an employee to apply for the specified
security or sweat equity shares at a predetermined price;
(vii) the amount of any contribution to an approved superannuation fund by the employer in
respect of the assessee, to the extent it exceeds one lakh rupees; and
(viii) the value of any other fringe benefit or amenity as may be prescribed:]
[Provided that nothing in this clause shall apply to,
(i) the value of any medical treatment provided to an employee or any member of his family in
any hospital maintained by the employer;
[(ii) any sum paid by the employer in respect of any expenditure actually incurred by the
employee on his medical treatment or treatment of any member of his family
(a) in any hospital maintained by the Government or any local authority or any other hospital
approved by the Government for the purposes of medical treatment of its employees;

(b) in respect of the prescribed diseases96 or ailments, in any hospital approved by the [Principal
Chief Commissioner or] Chief Commissioner having regard to the prescribed guidelines :
13

Provided that, in a case falling in sub-clause (b), the employee shall attach with his return of
income a certificate from the hospital specifying the disease or ailment for which medical
treatment was required and the receipt for the amount paid to the hospital;]
(iii) any portion of the premium paid by an employer in relation to an employee, to effect or to
keep in force an insurance on the health of such employee under any scheme approved by the
Central Government 99[or the Insurance Regulatory and Development Authority established
under sub-section (1) of section 3 of the Insurance Regulatory and Development Authority Act,
1999 (41 of 1999),] for the purposes of clause (ib) of sub-section (1) of section 36;
(iv) any sum paid by the employer in respect of any premium paid by the employee to effect or to
keep in force an insurance on his health or the health of any member of his family under any
scheme approved by the Central Government 1[or the Insurance Regulatory and Development
Authority established under sub-section (1) of section 3 of the Insurance Regulatory and
Development Authority Act, 1999 (41 of 1999),] for the purposes of section 80D;
(v) any sum paid by the employer in respect of any expenditure actually incurred by the
employee on his medical treatment or treatment of any member of his family [other than the
treatment referred to in clauses (i) and (ii)]; so, however, that such sum does not exceed
2[fifteen] thousand rupees in the previous year;
(vi) any expenditure incurred by the employer on
(1) medical treatment of the employee, or any member of the family of such employee, outside
India;
(2) travel [and] stay abroad of the employee or any member of the family of such employee for
medical treatment;
(3) travel and stay abroad of one attendant who accompanies the patient in connection with such
treatment,
[subject to the condition that
(A) the expenditure on medical treatment and stay abroad shall be excluded from perquisite only
to the extent permitted by the Reserve Bank of India; and
(B) the expenditure on travel shall be excluded from perquisite only in the case of an employee
whose gross total income, as computed before including therein the said expenditure, does not
exceed two lakh rupees;]
(vii) any sum paid by the employer in respect of any expenditure actually incurred by the
employee for any of the purposes specified in clause (vi) subject to the conditions specified in or
under that clause :
14

[Provided further that for the assessment year beginning on the 1st day of April, 2002, nothing
contained in this clause shall apply to any employee whose income under the head Salaries
(whether due from, or paid or allowed by, one or more employers) exclusive of the value of all
perquisites not provided for by way of monetary payment, does not exceed one lakh rupees.]
Explanation.For the purposes of clause (2),
(i) hospital includes a dispensary or a clinic 6[or a nursing home];
(ii) family, in relation to an individual, shall have the same meaning as in clause (5) of section
10; and
(iii) gross total income shall have the same meaning as in clause (5) of section 80B;]
7[* * *]
8(3) profits9 in lieu of salary includes
(i) the amount of any compensation due to or received by an assessee from his employer or
former employer at or in connection with the termination of his employment or the modification
of the terms and conditions relating thereto;
(ii) any payment (other than any payment referred to in clause (10) 10[, clause (10A)] 11[, clause
(10B)], clause (11), 12[clause (12) 13[, clause (13)] or clause (13A)] of section 10), due to or
received by an assessee from an employer or a former employer or from a provident or other
fund 14[* * *], to the extent to which it does not consist of contributions by the assessee or
15[interest on such contributions or any sum received under a Keyman insurance policy
including the sum allocated by way of bonus on such policy.
Explanation.For the purposes of this sub-clause, the expression Keyman insurance policy
shall have the meaning assigned to it in clause (10D) of section 10;]
[(iii) any amount due to or received, whether in lump sum or otherwise, by any assessee from
any person
(A) before his joining any employment with that person; or
(B) after cessation of his employment with that person.]

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