Section 10(46) of the Income Tax Act, 1961 provides for exemption from income tax of the specified income arising to a notified body, authority, board, trust, or commission.
A notified body, authority, board, trust, or commission is a body, authority, board, trust, or commission that is established or constituted by or under a Central or State Act or by a Central or State Government and that is not a company.
The specified income that is exempt from tax under Section 10(46) is the income that is derived from the following sources:
- Fees and charges levied for the services rendered.
- Grants received from the Central or State Government.
- Interest earned on the above income.
Any specified income arising to a body or authority or Board or Trust or Commission (by whatever name called) or a class thereof which—
(a) has been established or constituted by or under a Central. State or Provincial AcL or constituted by the Central Government or a State Government, with the object of regulating or administering any activity for the benefit of the general public;
(b) is not engaged in any commercial activity; and
(c) is notified by the Central Government in the Official Gazette for the purposes of this clause shall be exempt from income-tax.
“Specified income” means the income, of the nature and to the extent arising to a body or authority or Board or Trust or commission (by whatever name called) or a class thereof referred to in this clause, which the Central Government may, by notification in the Official Gazette, specify in this behalf |
Conditions for Exemptions:
To be eligible for the exemption under Section 10(46), the following conditions must be satisfied:
- The body or authority or board or trust or commission must be established or constituted by or under a Central or State Act or by a Central or State Government.
- The body or authority or board or trust or commission must not be engaged in any commercial activity.
- The body or authority or board or trust or commission must be notified by the Central Government.
- The income must be of a specified nature.
Examples of bodies or authorities or boards or trusts or commissions U/s 10(46)
Here are some examples of notified bodies, authorities, boards, trusts, or commissions that are eligible for the exemption under Section 10(46):
- The Municipal Corporation of Delhi (MCD)
- The Brihanmumbai Municipal Corporation (BMC)
- The Chennai Municipal Corporation
- The Kolkata Municipal Corporation
- The Noida Authority
- The Greater Noida Industrial Development Authority
- The Airports Authority of India (AAI)
- The National Highways Authority of India (NHAI)
- The Indian Railways
- The Reserve Bank of India (RBI)
- The Securities and Exchange Board of India (SEBI)
- The All India Council for Technical Education (AICTE)
- The Medical Council of India (MCI)
Examples of Incomes eligible for Exemptions:
Here are some examples of specified income that is exempt from tax under Section 10(46):
- The income of the Municipal Corporation of Delhi (MCD) from property taxes.
- The income of the Brihanmumbai Municipal Corporation (BMC) from water and sewerage charges.
- The income of the Noida Authority from land development fees.
- The income of the Securities and Exchange Board of India (SEBI) from registration fees.
- The income of the Indian Institute of Technology Delhi (IIT Delhi) from tuition fees.
- The income of the Red Cross Society of India from donations.