Section 10(10AA) of the Income Tax Act

Income-tax Act, 2025: s.19

Section 10(10AA) of the Income-tax Act, 1961 corresponds to section 19 (Deductions from salaries) of the Income-tax Act, 2025.

Read section 19 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 10(10AA) is India Ltd. v. ACIT (1997) 61 ITD 444 (Del) Indian Airlines Ltd. v. ACIT (93 Taxmann.com 89), cited in 64 of the 498 judgments on BharatTax that turn on this section.

Leading authorities on Section 10(10AA)

India Ltd. v. ACIT (1997) 61 ITD 444 (Del) Indian Airlines Ltd. v. ACIT
93 Taxmann.com 89 · 2018 · Reported
64
citing judgments

An assessee's bona fide estimate of employee perquisites, by valuing residential accommodation as if employees were of the Central Government, can be accepted.

Modern Fibotex India Ltd. v. DCIT
212 ITR 496 · 1995 · High Court
57
citing judgments

Adjustments under Section 143(1)(a) are limited to arithmetical errors or incorrect claims that are prima facie apparent from the information provided in the income tax return itself. The Assessing Officer cannot embark on an inquiry beyond the face of the return during summary assessment proceedings.

Kamal Kumar Kalia v. Union of India
268 Taxmann 398 · 2020 · High Court
26
citing judgments

Employees of Public Sector Undertakings (PSUs) and nationalized banks are not considered government employees for the purpose of exemption under Section 10(10AA) of the Income Tax Act.

Final Judge of Facts:\nIn CIT v. Goodias Nerolac Paints Ltd.
188 ITR 1 · 1990 · Supreme Court
16
citing judgments

The Income Tax Appellate Tribunal (ITAT) is the final fact-finding authority. Disagreements between different benches of the ITAT on factual findings necessitate reference to a larger bench.

KPTCL Davangere v. ITO
170 ITD 587 · ITAT
12
citing judgments

Employees of a statutory corporation are not considered employees of the State or Central Government, making them ineligible for exemption under Section 10(10AA)(i) and rendering the employer liable for tax deduction at source.

CIT v. GVK Industries Ltd.
147 Taxmann.com 281 · 2023 · High Court
11
citing judgments

A prima facie adjustment under section 143(1) cannot be made when the issue is debatable and two opinions are possible.

Ram Kanwar Rana v. ITO
159 ITD 431 · ITAT
10
citing judgments

Employees of certain universities, like Haryana Agricultural University and Mahatma Gandhi University, are considered to hold civil posts under the State Government, entitling them to benefits under Section 10(10AA)(i) of the Income Tax Act.

Dr. P. Balasubramanian v. Chief Commissioner of Income Tax (TDS)
142 Taxmann.com 25 · 2022 · High Court
7
citing judgments
CIT v. Ajit Kumar Bose
165 ITR 90 · 1987 · High Court
7
citing judgments
Ram Sharan Yadav v. Thakur Muneshwar Nath Singh and Others
4 SCC 649 · 1984 · Reported
7
citing judgments

Judgments on Section 10(10AA)