India - Income Tax Act 2010 - Saarc

S. 10(5B) I.T. ACT, 1961 1.44Provided that the amount exempt under this clause shall in no caseexceed the amount of expenses actually incurred for the purpose ofsuch travel.Explanation.—For the purposes of this clause, “family”, in relation toan individual, means—(i) the spouse and children of the individual ; and(ii) the parents, brothers and sisters of the individual or any ofthem, wholly or mainly dependent on the individual; ](5A) 6 [Omitted by the Finance (No. 2) Act, 1998, w.e.f. 1-4-1999;](5B) 7 [Omitted by the Finance Act, 2002, w.e.f. 1-4-2003;](Contd. from p. 1.43)surviving children of an individual born after 1-10-1998. This restriction will not howeverapply in respect of children born before 1-10-1998, and also in cases where an individual,after getting one child, begets multiple children (twins/triplets/quadruplets, etc.) on thesecond occasion. The implications of this restriction will be as follows :u In respect of journeys performed on or before 1-10-1998 exemption will be admissiblein respect of all the surviving children of the individual.u In respect of journeys performed after 1-10-1998- the exemption will be admissible to all surviving children born before 1-10-1998;- in addition, the exemption will be admissible to only two surviving children born onor after 1-10-1998. In reckoning this limit of two children, children born out ofmultiple birth after the first child will be treated as ‘one child’ only.It may be noted that section 2(15B) of the Act defines a ‘child’ as includes ‘a step-childand an adopted child of the individual’. Hence the aforesaid restrictions will operate inrespect of step-children and adopted children also provided they are born on or after1-10-1998.6. Prior to its omission, clause (5A) was inserted by the Taxation Laws (Amendment) Act,1984, w.r.e.f. 1-4-1982.7. Prior to its omission, clause (5B), as inserted by the Finance Act, 1993, w.e.f. 1-4-1994, andlater on amended by the Finance Act, 1999, w.e.f. 1-4-1999, read as under :‘(5B) in the case of an individual who renders services as a technician in the employment(commencing from a date after the 31st day of March, 1993) of the Government orof a local authority or of any corporation set up under any special law or of any suchinstitution or body established in India for carrying on scientific research as isapproved for the purposes of this clause by the prescribed authority or inany business carried on in India and the individual was not resident in India in anyof the four financial years immediately preceding the financial year in which hearrived in India and the tax on his income for such services chargeable under thehead “Salaries” is paid to the Central Government by the employer [which tax, in thecase of an employer, being a company, may be paid notwithstanding anythingcontained in section 200 of the Companies Act, 1956 (1 of 1956)], the tax so paid bythe employer for a period not exceeding forty-eight months commencing from thedate of his arrival in India :Provided that the Central Government may, if it considers it necessary or expedientin the public interest so to do, waive the condition relating to non-residence in India(Contd. on p. 1.45)