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Annexure B 1

Conditions to be Satisfied by a Person Claiming

Exemption under Section 10 (5b) of the Income Tax act

  • The individual renders services as a technician in the employment of:-
    • the government; or
    • local authority; or
    • any corporation set-up under any special law; or
    • any institutional body established in India for carrying on scientific research as is approved by the prescribed authority; or
    • in any business carried on in India.
  • The individual possesses specialized knowledge and experience to qualify as a 'technician' in
    • constructional or manufacturing operations, or in an mining or in the generation of electricity or any other form of power, or
    • agriculture, animal husbandry, dairy farming, deep sea fishing or ship building,
    • such other field as the Central government may, having regard to the availability of Indians having specialized knowledge and experience therein, the needs of the country and other relevant circumstances, specify by notification in the Official Gazette. The notified fields upto date are as under ;
      1. grading and evaluation of diamonds for diamond import and export trade;
      2. cookery;
      3. information technology including computer architecture systems, platforms and associated technology, software development, process and tools.
  • The individual was not resident in India in any of the four financial years immediately preceding the financial year in which he arrived in India.
  • This condition, can be waived by the Government, if it considers it necessary or expedient in the public interest, in the case of any individual, who is employed in India for designing, erection or commissioning of machinery or plant or supervisory activity for such designing, erection or commissioning.

 

   

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