Section 10(7)- Tax Exemption for Allowances/Perquisites Paid Abroad by Government

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:

  1. 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)
  2. 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?

  1. Avoid Double Taxation: Prevents taxation both in India and host country
  2. Cost Neutrality: Ensures overseas postings don’t financially disadvantage officers
  3. 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

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