Income Tax — New Act 2025 Exemptions

Old Section 10 Exemptions vs New Exemption Clauses Under Income Tax Act 2025: Practical Case Study

By Finin2min Research Desk P0 — Publish First Updated June 2026 Education Allowance 30x Increase!
✅ Verified: Income Tax Act 2025 Schedule II | Income Tax Rules 2026 | incometax.gov.in | ClearTax.in | FinLecture.in (June 2026)

If you've claimed HRA, LTA, gratuity or education allowance in your tax returns, you need to understand a structural shift: Section 10 of the Income Tax Act, 1961 — the home of all exempt incomes — has been moved to Schedule II of the Income Tax Act, 2025. The exemption benefits are largely preserved, but the citation changes from "Section 10(13A)" to "Schedule II, Entry (13A)" — and more importantly, the Income Tax Rules, 2026 brought a massive practical upgrade: education allowance jumped from ₹100 to ₹3,000 per month per child. This guide maps every key exemption old-to-new, and a practical case study shows the real-world impact.

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Why Section 10 Moved to Schedule II

In the old Income Tax Act, 1961, Section 10 was a very long provision with 48+ sub-clauses covering everything from HRA exemption to tribal income to SEZ exemptions. This made the Act difficult to navigate — different provisions for different categories of exempt income were all crammed under one section number. The Income Tax Act, 2025 reorganised this by moving exempt incomes out of the main body into a dedicated Schedule II, while leaving the main Act chapters cleaner and more navigable.

The key principle: the exemption benefits are substantially the same; only the citation format changes. For AY 2026-27 ITR (July 2026 filing), use old "Section 10(XX)" references. For Tax Year 2026-27 ITR (July 2027 filing), cite "Schedule II, Entry (XX)".

Key Section 10 → Schedule II Mapping

ExemptionOld Act 1961 RefNew Act 2025 RefRegime AvailabilityChanged?
Agricultural incomeSection 10(1)Schedule II, Entry (1)Both regimesNo change
Gratuity (private sector)Section 10(10)(ii)Schedule II, Entry (10)(ii)Both regimesLimit: ₹20 lakh (unchanged)
Commuted pensionSection 10(10A)Schedule II, Entry (10A)Both regimesNo change
Leave encashment (on retirement)Section 10(10AA)Schedule II, Entry (10AA)Both regimesLimit ₹25 lakh (unchanged)
Retrenchment compensationSection 10(10B)Schedule II, Entry (10B)Both regimesNo change
Voluntary retirement (VRS)Section 10(10C)Schedule II, Entry (10C)Both regimesNo change
HRA — House Rent AllowanceSection 10(13A)Schedule II, Entry (13A)Old regime onlyNo change in calculation
LTA — Leave Travel AllowanceSection 10(5)Schedule II, Entry (5)Old regime onlyNew LTA block: 2026–2029
Children's education allowanceSection 10(14) r/w Rule 2BBSchedule II + Rules 2026Old regime onlyMAJOR CHANGE: ₹100 → ₹3,000/month/child
Children's hostel allowanceSection 10(14) r/w Rule 2BBSchedule II + Rules 2026Old regime onlyMAJOR CHANGE: ₹300 → ₹9,000/month/child
Conveyance/transport allowanceSection 10(14)(ii)Schedule II, Entry (14)(ii)Allowed in new regime for specially abledNo change
Interest on PPFSection 10(11)Schedule II, Entry (11)Both regimesAbove ₹2.5L annual contribution taxable (unchanged)
EPF interest (on contributions up to ₹2.5L)Section 10(12)Schedule II, Entry (12)Both regimesNo change
NPS lump sum (60% on retirement)Section 10(12A)Schedule II, Entry (12A)Both regimesNo change
Life insurance maturity proceedsSection 10(10D)Schedule II, Entry (10D)Both regimesNo change (unless premium >₹2.5L/₹5L)

The Biggest Practical Change — Education Allowance 30x Jump

This deserves dedicated attention. Under the old Income Tax Rules, 1962, the children's education allowance exemption had been frozen at ₹100 per month per child (₹1,200/year) since 1963. This had become completely meaningless given the cost of education. The Income Tax Rules, 2026 corrected this dramatically:

🎓 Education Allowance — Income Tax Rules 2026 Enhancement

Education Allowance: Old limit ₹100/month/child → New limit ₹3,000/month/child (30x increase)

Hostel Allowance: Old limit ₹300/month/child → New limit ₹9,000/month/child (30x increase)

Maximum children: 2 children (unchanged)

Annual exemption now available: (₹3,000 + ₹9,000) × 2 children × 12 = ₹2,88,000/year

Old annual exemption was: (₹100 + ₹300) × 2 × 12 = ₹9,600/year

Additional benefit if employer pays these allowances: ₹2,78,400 more per year is now exempt

Action for Employers: If your salary structure includes education and hostel allowances, restructure CTC to maximise these new limits. An employee with 2 children in school/hostel can now get ₹12,000/month in education + hostel allowance as a tax-free component (old: only ₹800/month). Update payroll structures for Tax Year 2026-27 to capture this benefit. This is available only under the old tax regime — employees must opt for old regime via Form 124.

LTA Block Change — 2026 to 2029

Leave Travel Allowance is exempt for two journeys in a block of four calendar years. The current LTA block period is 2026 to 2029 (the block that started January 2026). This replaces the 2022–2025 block. Key rules under Schedule II:

Exemptions Available in BOTH Old and New Tax Regime

Not all Schedule II exemptions are old-regime-only. These remain available regardless of regime choice:

Case Study: Sunita — How New Rules 2026 Changed Her Tax Planning for Tax Year 2026-27

School Teacher (Private School), Pune — Two Children Aged 8 and 12

Sunita earns ₹10 lakh/year as a private school teacher. Her salary included: HRA ₹80,000/year, Education Allowance ₹800/year (old limit: ₹100/month × 2 children × 4 months used), Hostel Allowance ₹2,400/year (old limit). Total old-rule exempt: ₹3,200 from education + hostel combined.

Her school restructured CTC for Tax Year 2026-27 under new Rules 2026:

  • Education allowance: ₹3,000/month × 2 children = ₹72,000/year (fully exempt vs old ₹2,400)
  • Hostel allowance (elder child in boarding school): ₹9,000/month × 1 child = ₹1,08,000/year (fully exempt vs old ₹3,600)
  • Additional tax-free salary: ₹1,80,000 − ₹6,000 (old limits) = ₹1,74,000 more tax-free
  • Tax saving at 20% slab: ₹1,74,000 × 20% = ₹34,800 annually — without changing gross CTC

The school's HR team restructured the salary breakup by reducing the "special allowance" (taxable) and increasing education + hostel allowance components — achieving a significant tax saving for employees with school-age children without increasing payroll cost.

Old Education + Hostel (Annual)
₹6,000 exempt
New Education + Hostel (Annual)
₹1,80,000 exempt
Additional Exempt Amount
₹1,74,000
Tax Saved (20% slab)
₹34,800/year

Regime-wise Exemption Availability — Quick Decision Table

ExemptionOld Regime (Schedule II)New Regime (Section 202)
HRA — House Rent Allowance✅ Available❌ Not Available
LTA — Leave Travel Allowance✅ Available❌ Not Available
Education + Hostel allowance✅ Available (new 30x limit)❌ Not Available
Special allowances (uniform, meal, etc.)✅ Subject to conditions❌ Most not available
Gratuity, VRS, Leave encashment✅ Available✅ Available
NPS lump sum (60% on retirement)✅ Available✅ Available
EPF/PPF interest (within threshold)✅ Available✅ Available
Life insurance maturity (conditions)✅ Available✅ Available (same conditions)
Agricultural income✅ Available✅ Available
Transport allowance (for specially-abled)✅ Available✅ Available (this specific one only)
Conveyance allowance (job duty travel)✅ Available✅ Available

Section 10 → Schedule II — Key Points

  • Section 10 of old Act has moved to Schedule II of new Act — same benefits, new citation
  • For July 2026 ITR (FY 2025-26): still cite "Section 10(13A)" for HRA, etc.
  • From July 2027 ITR (Tax Year 2026-27): cite "Schedule II, Entry (13A)" for HRA
  • Big win — Education allowance: ₹100/month → ₹3,000/month per child; hostel ₹300 → ₹9,000/month
  • Both exemptions available for max 2 children; old regime only
  • LTA block: 2026–2029 — two journeys exempt; old regime only
  • Gratuity (₹20L), leave encashment (₹25L), VRS (₹5L): available in BOTH regimes
  • NPS 60% lump sum on retirement: tax-free in both regimes
  • HR teams should restructure salary to maximise new education + hostel limits for employees with school-age children

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Frequently Asked Questions

Section 10 of the Income Tax Act, 1961 has been moved to Schedule II of the Income Tax Act, 2025. Instead of citing 'Section 10(13A)' for HRA exemption, taxpayers now cite the corresponding entry in Schedule II. The exemptions themselves are largely preserved. For FY 2025-26 (AY 2026-27) filing in July 2026, still use old Section 10 references. For Tax Year 2026-27 onwards (filed July 2027), cite Schedule II entries.
Yes — major change. Under old Income Tax Rules 1962, education allowance was only ₹100/month/child (₹1,200/year). Under Income Tax Rules 2026, education allowance is enhanced to ₹3,000/month/child (₹36,000/year). Hostel allowance enhanced from ₹300/month/child to ₹9,000/month/child. Maximum for 2 children: (₹3,000 + ₹9,000) × 2 × 12 = ₹2,88,000/year exempt vs old ₹9,600/year. Available old regime only from Tax Year 2026-27. Employers should restructure CTC to capture this benefit for employees with children.
No. HRA exemption (Schedule II entry, formerly Section 10(13A)) is available only under the old tax regime. If you opt for the new tax regime (Section 202 / old 115BAC), you cannot claim HRA, LTA, or most other salary allowance exemptions. The new regime offers lower slab rates in exchange. For Tax Year 2026-27, the new regime remains the default. You must opt for the old regime via Form 124 declaration to your employer to claim Schedule II exemptions.