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Deductions and Exemptions :

 

DEDUCTIONS

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DEDUCTIONS FROM TOTAL INCOME

DEDUCTION UNDER CHAPTER VI-A IN RESPECT OF PAYMENTS

 
SECTION NATURE OF DEDUCTION WHO CAN CLAIM

80CCC

Pension fund (subject to maximum Rs. 10,000/-)

Individuals

80D

Medical insurance premia (subject to maximum of Rs. 10,000)

Individuals and HUF's

80DD

Medical treatment of handicapped dependents (maximum of Rs. 40,000)

Resident individual or resident HUF's

80DDB

Medical treatment expenses (subject to maximum Rs. 15,000/-)

Resident individuals or resident HUF's

80 E.

Repayment of loan taken for higher studies (subject to maximum of Rs. 25,000)

Individuals

80G

Donations to certain funds, charitable institutions [subject to maximum of 50 per cent of qualifying donation (100 per cent in some cases)]

All assessees

80GG

Rent paid for furnished/unfurnished accomodation [subject to maximum of Rs. 24,000 or 25 per cent of total income whichever is less.]

Individuals

80GGA

Deduction in respect of certain donations for scientific research or rural development .

All assessees who have no income chargable under the head of Profits and gains of business or profession.

 

DEDUCTION UNDER CHAPTER VI-A IN RESPECT OF CERTAIN INCOMES

 
SECTION NATURE OF DEDUCTION WHO CAN CLAIM

80HH

Profits and gains from industrial undertakings or hotel business in backward areas set up before April 1, 1990 [20 per cent of such profits or gains ]

All eligible assessees

80HHA

Profits and gains from small-scale industrial undertakings in rural areas set up before April 1, 1990 [25 per cent of such profits and gains]

All eligible assessees

80HHB

Profits and gains from projects outside India

Indian company and a non-corporate resident assessee

80HHBA

Profits and gains from business of execution of housing projects aided by the World Bank and undertaken by the assessees (subject to maximum of 50 per cent of such profits.)

Indian companies or non corporate resident assessee.

80HHC

Profits from export business

Indian company and a non-corporate resident assessee

80HHD

Earnings in convertible foreign exchange in some cases

Indian companies or resident non corporate assessees engaged in the business of hotel/tour operator/travel agent

80HHE

Profit from export of computer software

Indian companies or resident non corporate assessees

80-I

Profits and gains from industrial undertakings /ships /hotels /repair of ocean going vessels. (set up before March 31,1991)

All assessees

80-IA

Profits and gains from industrial undertakings etc.

All assessees

80JJA

Profits and gains from Business of collecting and processing of bio-degradable waste. (subject to least of the total profits or Rs. 5,00,000/- whichever is less.)

All assessees

80JJAA

Deduction in respect of employment of new workmen in an industrial undertaking (30 per cent of additional wages paid.)

Indian companies.

80L

Interest on certain securities, dividends, etc. [subject to maximum of Rs. 15,000]

Individual and HUF's

80-O

Royalties, etc., from foreign governments, foreign state, foreign enterprises, etc.[50 per cent of net royalty]

Indian companies and non-corporate resident assessees

80P

Specified incomes [subject to amount specified in sub-section (2)]

Co-operative societies

80R

Remuneration from certain foreign sources in the case of professors/teachers, etc. [75 per cent of foreign exchange brought into india, in specified cases]

Indian citizens

80RR

Professional income from foreign sources in certain cases [75 per cent of foreign exchange brought into india, in specified cases]

Resident Individuals

80RRA

Remuneration received for services rendered outside India [75 per cent of foreign exchange brought into India, in specified cases]

Indian citizens

80U

Income of individual suffering from a permanent physical disability or mental retardation . [subject to maximum of Rs. 40,000]

Resident individuals

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DEDUCTION IN RESPECT OF DONATIONS FOR CHARITABLE PURPOSES U/S 80-G.

  • Tax-relief in respect of donations to certain funds, approved educational institution(s) of national importance, charitable institutions etc. is admissible u/s 80-G of the Act. It will have to be claimed by the tax payers at the time of assessment and is not to be allowed by the Tax-Deducting-Authority
  • The qualifying amount for deduction will be 50% of the amount.
  • However, 100% deduction is available in cases where contributions are made to the Prime Minister National Relief Fund, National Foundation for Communal Harmony, National and State Blood Transfusion Council, the Africa Fund, a university or any approved educational institution of national importance ,Earth-quake Relief Fund, the Africa Fund, and the National Foundation for Communal Harmony, etc.

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Deduction in the case of totally blind or physically handicapped resident persons (Sec-80U)

  • A resident individual who suffers from permanent physical disability (including blindness) or is subject to mental retardation is entitled to a deduction of Rs. 40,000 in computing his taxable income.
  • Deduction under section 80U is available in the case of a resident individual who (at the end of the previous year) is suffering from a permanent physical disability (including blindness) or is subject to mental retardation, being a permanent physical disability or mental retardation specified in the rules made in this behalf by the Board , which has the effect of reducing considerably such individual's capacity for normal work or engaging in a gainful employment/ occupation.
  • Deduction is available only if it is certified by a physician, surgeon, an oculist or a psychiatrist, as the case may be working in a Government hospital. Such certificate has to be produced before the Assessing Officer in respect of the first assessment year for which deduction is claimed under section 80U.
  • For the purpose of sections 80DD and 80U, the Board has made the following rule.
  • Physical disability shall be regarded as a permanent physical disability if it falls in any one of the categories specified below, namely.
  • Permanent physical disability of more than 50 per cent in one limb
  • Permanent physical disability of more than 60 per cent in two or more limb
  • Permanent and total loss of voice.
  • Blindness shall be regarded as permanent physical disability if it is incurable and is falling in specified categories
  • Mental retardation shall be regarded as a mental retardation if intelligence quotient is less than 50 on a test with a mean of 100 and a standard deviation of 15 such as the Vechsle scale.

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DEDUCTION IN RESPECT OF REPAYMENT OF LOAN TAKEN FOR HIGHER EDUCATION.

  • A new deduction for Asst. Year 1995-96 and onwards in respect of repayment of loan taken from any specified financial institution or any approved charitable institution, by a student(individual assesse) for pursuing higher studies is allowable.
  • This deduction has been brought to encourage young men and women to take up higher studies. Repayment of loan and interest upto a maximum of Rs.25,000/- in a year is deductible.

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Medical TREATMENT OF HANDICAPPED DEPENDENTS U/S 80-DD

 

  • In the case of resident individuals or HUFs, who incur any expenditure on medical treatment (including nursing),training and rehabilitation of a handicapped dependent relative or have paid or deposited any amount in an approved scheme of Life Insurance Corporation of India or Unit Trust of India., a deduction of upto Rs. 40,000/- is deductible.

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Deduction in respect of contribution to pension fund- Section 80CCC

  • Section 80CCC has been inserted with effect from the assessment year 1997-98. This section provides a deduction to an individual for any amount paid or deposited by him to effect or keep in force any annuity plan of the Life Insurance Corporation of India for receiving pension from a fund set up by the said Corporation, referred to in section 10(23AAB). The deduction shall be restricted to Rs. 10,000.
  • One should keep in view the following points
  • Where the assessee or his nominee surrenders the annuity before the maturity date of such annuity, the surrender value shall be taxable in the hands of the assessee or his nominee, as the case may be in the year of the receipt.
  • The amount received by the assessee or his nominee as pension will be taxable, in the hands of the assessee or the nominee, as the case may be, in the year of the receipt
  • Rebate (with reference to the amount paid under seciton 80CCC) will not be available under section 88 to persons to whom deduction under this section has been allowed.

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DEDUCTION IN RESPECT OF HOUSE RENT PAID U/S 80-GG

  • Section 80GG of the Income-tax Act provided for a deduction to all assessees (except the salaried persons who received house rent allowance covered under section 10(13A) in respect of expenditure incurred towards payment of rent for residential accommodation, subject to certain limits. This relief was withdrawn by the Finance Act, 1997 by omitting the said section with effect from 01-04-1998.
  • The Act seeks to continue the above deduction and has, accordingly, reintroduced section 80GG of the Income-tax Act with effect from 01-04-1998. Subject to certain conditions, the deduction is now allowable to an assessee who incurs any expenditure in excess of 10% of his total income towards payment of rent in respect of any furnished or unfurnished accommodation occupied by him for the purpose of his own residence. The amount of allowable deduction will be the least of the following :-
  • the excess of actual rent paid over 10% of the total income.
  • Rs. 2000/- per month.
  • 25 per cent of the total income.
  • The benefit of above deduction will not be available to an assessee in a case where he, his spouse or minor child or the HUF of which he is a member, owns any residential accommodation at a place where the assessee ordinarily resides, performs the duties of his office or employment or carries on his business or profession. The deduction will also be denied to an assessee who owns any residential accommodation at any other place and the concession in respect of self-occupied property is claimed by him in respect of such accommodation.
  • This amendment will take effect retrospectively from 1st April, 1998 and will, accordingly, apply in relation to the assessment year 1998-99 and subsequent years.
  • The accommodation occupied by him for the purpose of his own residence should be situated in any of the following places, namely:-
    Agra, Ahmedabad, Allahabad, Amritsar, Bangalore, Bhopal, Calcutta, Coimbatore, Delhi, Faridabad, Gwalior (Laskar), Hyderabad, Indore, Jabalpur, Jaipur, Kanpur, Lucknow, Ludhiana City, Madurai, Nagpur, Patna, Pune, Srinagar, Surat, Vadodra (Baroda) or Varanasi(Banares) or the urban agglomeration of each of such places; or
    Municpal area of:- Bombay, Calicut, Cochin, Ghaziabad, Hubli-Dharwar, Madras, Sholapur, Trivandrum or Vishakhapatnam.

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DEDUCTION FOR REMUNERATION RECEIVED IN FOREIGN CURRENCY FROM ANY EMPLOYER U/S 80RR

 

  • A resident individual, being an author, play wright (including script writer), artist (including photographers and T.V. news film cameramen and director), musician or actor (or sportsman including an athlete who derives professional income from foreign sources and receives or brings such income in India in accordance with foreign exchange regulations, is entitled to a deduction of -
  • An amount equal to seventy-five per cent of such income as is brought in India in convertible foreign exchange within a period of six months from the end of the previous year or within such period as the Chief Commissioner or Commissioner may allow. No deduction shall be admissible unless the assessee furnishes a certificate in the prescribed form along with the return of income certifying that the deduction has been correctly claimed in accordance with the provisions of this section.
  • A film producer is not entitled to a deduction under section 80RR, because he does not fall under any of the categories mentioned above.

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REMUNERATION RECEIVED FOR SERVICES RENDERED OUTSIDE INDIA u/s 80RRA

 

  • An Indian national receiving remuneration under an approved contract of service [application Form : ITNS 186] in a foreign currency from any employer for any service rendered by him outside India, is entitled, in computing his taxable income, to a deduction equal to 75 per cent of such remuneration as is brought into India by or on behalf of the assessee in accordance with foreign exchange regulations, within a period of six months from the end of the previous year or within such period as the Chief Commissioner or Commissioner may allow. The deduction under this section shall not be admissible unless the assessee furnishes a certificate in the prescribed form along with the return of income certifying that the deduction has been correctly claimed in accordance with the provisions of this section. In the case of an employee of the Central or State Government or a person who immediately before taking up employment outside India was an employee of the Central or State Government, the deduction is allowed if the service of the employee is sponsored by the Central Government.
  • In the case of other individual, the deduction is available only if the individual is a technician. "Technician" as per Explanation (c) to section 80RRA, means a person having specialised knowledge and experience in:- constructional or manufacturing operations or mining or the generation or distribution of electricity or any other form of power; or agriculture, animal husbandry, dairy farming, deep sea fishing or ship building,; or public administration or industrial or business management,; or accountancy,; or any field of natural or applied science (including medical science) or social science; or any other field which the Board may prescribe. In exercise of the power, the Board has prescribed "journalism" for the purposes of deduction under this section [rule 11C]. With effect from May 31, 1988, the profession of actuaries, banking, insurance and journalism, have been prescribed for this purpose.
  • If the remuneration is paid to the Indian technician, etc., partly in Indian currency and partly in foreign currency, the amount paid in Indian currency will not be taken into account for purpose of deduction under section 80RRA Likewise, if a part of the remuneration, although paid in foreign currency relates to service rendered in India, then such part of the remuneration will also not qualify for deduction under section 80RRA - Circular No. 724, dated September 29,1995.
  • In order to expedite processing of applications seeking approval under section 80RRA, the following guidelines are issued :-
  • The application should be signed by the applicant and filed in duplicate and should state the complete postal address of the applicant. Furnishing the address of any authorised representative is not sufficient.
  • The applicant should indicate the income-tax authority in whose jurisdiction he is either assessed to tax or is assessable to tax, and his Permanent Account Number (PAN). If he is not assessed, he should apply for a PAN and indicate the authority before whom he has filed the application.
  • In respect of applications from Indian seamen employed on ships of Indian companies, the signed certificate (in original) of the employer indicating the total remuneration as well as the remuneration received in foreign currency should invariably be furnished in the first year for which the application is made. In respect of other applications, the certificate should be for the years for which the application is made.
  • If the application is field through an authorised representative, a letter of authority should be filed along with it (Circular No. 705, dated June 20, 1995.)

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Deduction u/s 80 L

  • Under Section 80L of the Income Tax Act, the tax concession is in the form of a deduction from the tax payer's gross total income. A tax payer (Individual or Hindu Undivided Family) is granted a deduction from the gross total income for income upto a maximum of Rs. 12,000 from certain investments (additional Rs. 3,000 in the case of income from government securities, UTI and Mutual Fund units
  • The incomes eligible for deduction under Section 80L
  • Interest on Government (Central or State) security
  • Interest on National Saving Certificates (VI VII & VIII Issue)
  • Interest on debentures/bonds of an institution or authority or any public sector company or a co-operative society as notified by the Central Government.
  • Interest on deposits under National Deposit Scheme as notified by the Central Government.
  • Interest on deposits under any other scheme notified by the Central Government for eg. National Savings Scheme, Post Office (time deposit and recurring deposit) schemes.
  • Interest on deposits under the Monthly Income Scheme of the Post Office.
  • Income received in respect of units of Unit Trust of India and Mutual Funds specified under Section 10 (23D) of the Income Tax Act.
  • Interest on deposits with Banks including co-operative Banks.
  • Interest on deposits with an approved financial corporation which is engaged in providing long-term finance for industrial development in India.
  • Interest on deposits with an approved public company engaged in long-term financing of housing accommodation.
  • Interest on deposits with authorities set up under the law enacted to deal with the need for housing accommodation or for planning and development of cities or villages.
  • Dividend from co-operative societies.
  • Interest on deposits (made by a member) with co-operative societies.
  • The limit for deduction under section 80L
  • As mentioned earlier, the amount of deduction that can be availed of under Section 80L is limited to Rs. 12,000. However, if the income from investments includes income from government securities, units remain unallowed of Unit Trust of India and specified Mutual Fund units then the limit is Rs. 15,000.

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LIMITS

  • The sum total of deductions is limited to the amount of gross total income.
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