Section 10(23A)- Tax Exemption for Professional Associations

Purpose:

This section provides tax exemption to professional associations (like medical councils, bar councils, etc.) that promote art, science, or education, provided they meet certain conditions.

Key Conditions for Exemption:

✅ Must be an association/institution (not a business).

✅ Must be approved by the Central Government (e.g., Indian Medical Association, Bar Council of India).

✅ Income must be used solely for promoting its objectives (not for private profit).

✅ Exemption covers:

  • Membership fees
  • Grants/donations
  • Income from investments (if used for core activities).

Example 1: Bar Council’s Exam Fee Income

Scenario:

  • Association:Bar Council of India (approved).
  • Income Sources:
    • Lawyer enrollment exam fees: ₹10 Crores
    • Interest on fixed deposits (used for legal education): ₹50 Lakhs

Tax Treatment:

  • Total Income:₹10.5 Crores
  • Taxable Income:₹0 (Fully exempt under Section 10(23A))

Example 2: Medical Association’s Commercial Income (Taxable)

Scenario:

  • Association:Indian Medical Association (approved).
  • Income Sources:
    • Membership fees: ₹5 Crores (Exempt)
    • Profit from medical journal sales: ₹1 Crore (Commercial activity)

Tax Treatment:

  • Exempt Income (Core activities):₹5 Crores
  • Taxable Income (Business income):₹1 Crore

Example 3: Unapproved Engineering Association (Taxable)

Scenario:

  • Association:Private Engineering Society (not govt-approved).
  • Income:₹2 Crores (from seminars and workshops).

Tax Treatment:

  • Taxable Income:₹2 Crores (No exemption without approval).
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