Understanding Section 10(7)
Section 10(7) provides a complete tax exemption for:
- Allowances
- Perquisites
paid outside Indiaby the Indian Government to its citizen employees for services rendered outside India.
Key Features
✔ Applicable to: Indian government employees (including diplomats, military personnel, scientists etc.)
✔ Location Requirement: Services must be rendered outside India
✔ Payment Condition: Allowances/perquisites must be paid outside India
✔ Exemption Scope: 100% exemption on such foreign-paid amounts
✔ Citizenship: Only for Indian citizens (not for NRIs or foreign nationals)
Practical Example
Scenario
Mr. Sharma, an Indian Foreign Service (IFS) officer posted at the Indian Embassy in Tokyo:
- Salary Structure:
- Basic salary paid in India: ₹1,20,000/month (taxable)
- Foreign allowancepaid in Japan: ¥200,000/month (≈ ₹1,25,000) for cost of living adjustments
- Housing perk: Govt.-leased apartment in Tokyo (value: ¥300,000/month)
- Tax Treatment:
- Taxable in India: Basic salary (₹1.2L/month)
- Exempt under Sec 10(7):
- Foreign allowance (¥200,000)
- Housing benefit (¥300,000)
- Result: Only ₹1.2L/month is taxable; all Japan-paid benefits are tax-free
Comparison with Other Sections
| ASPECT | SECTION 10(7) | SECTION 10(14) | SECTION 10(13A) |
| Applicable to | Govt. employees abroad | All employees (specific allowances) | House Rent Allowance |
| Nature | Foreign allowances/perks | Special duty/hardship allowances | Rent-related exemption |
| Payment Location | Must be paid overseas | Can be paid anywhere | Domestic payments |
Why This Exemption Exists?
- Avoid Double Taxation: Prevents taxation both in India and host country
- Cost Neutrality: Ensures overseas postings don’t financially disadvantage officers
- Diplomatic Norms: Aligns with global practices for foreign-service personnel
Key Conditions for Claiming
✅ Must be an Indian government employee
✅ Services must be rendered outside India
✅ Payments must be made outside India (if paid in India → taxable)
✅ Only for Indian citizens
