Professional Documents
Culture Documents
CA Shekhar Sane
Deductions which give stimulus to growth, as detailed in Chapter VI-A
2
Deductions which rationalize tax liability of handicap, assesses etc.
3
Section Synopsis
80A Deductions to be made in computing total income
4
Section Synopsis
5
Section Synopsis
6
Section Synopsis
Special provisions in respect of certain undertakings or
80-IC
enterprises in certain special category States
7
Section Synopsis
Deduction in respect of profits and gains from the business
80Q
of publication of books.
Deduction in respect of professional income of authors of
80QQA
text books in Indian languages.
Deduction in respect of royalty income, etc., of authors of
80QQB
certain books other than text-books.
Deduction in respect of remuneration from certain foreign
80R
sources in the case of professors, teachers, etc.
Deduction in respect of professional income from foreign
80RR
sources in certain cases.
Deduction in respect of remuneration received for services
80RRA
rendered outside India.
80RRB Deduction in respect of royalty on patents.
Deduction in respect of interest on deposits in savings
80TTA
account
80U Deduction in case of a person with disability.
8
Long Term Capital Gains
9
Particulars Rs.
Income From ‘Salaries’ XXX
Income from ‘House Property’ XXX
Income from ‘Profits & Gains of Business/ XXX
Profession
Income from ‘Capital Gains’ XXX
Income from ‘Other Sources’ XXX
Clubbing Provisions (Sec.60 -65, Chapter V) XXX
Set off of carried forward losses (Sec.70 -75, (XX)
Chapter VI)
Gross Total Income XXXXX
10
Gross Deductions Total
Total Less u/s. 80C to
Income
Income 80U
11
Where, in computing the total income of an AOP or BOI, any
deduction is admissible u/s 80G / 80GGA / 80GGC / 80HH /
80HHA / 80HHB / 80HHC / 80HHD / 80I / 80IA / 80IB / 80IC /
80ID / 80IE / 80J / 80JJA,
12
Where the assessee has taken deduction u/s 10A / 10AA / 10B /
10BA or under any provisions of heading C of this chapter against any
amount of profits and gains of an undertaking or unit or enterprise or
eligible business for any assessment year,
13
Deduction under section 10A / 10AA / 10B /
10BA or any provisions of heading ‘C’ of this
chapter (deduction in respect of certain
income) is available only if the assessee
claims it in his Return of Income.
14
Where, any goods or services, held for eligible business are
transferred (sold) to a normal business by the assessee, or
vice-versa, the said transfer should be at market value.
15
“Market Value” in relation to any goods or
services sold / supplied or acquired means
16
If the assessee avails the deduction
under any of the provisions of this
chapter in respect of specified
business, he is not eligible to avail
the deduction u/s 35AD.
17
Deduction in respect of income u/s 80IA,
80IB, 80IC, 80ID, 80IE, 80LA, 80QQB, 80RRB
is allowed only to the extent of which such
income is included in the Gross Total Income
of the assessee.
18
Deduction u/s 80IA, 80IAB, 80IB, 80IC, 80ID and
80IE is allowed only if the return of income is filed
on or before the due date as specified in Sec.
139(1).
Deductions are allowed if it is accompanied by
relevant audit report in prescribed Form, by a
Chartered Accountant.
19
Gross Total Income means the Total income
computed in accordance with the
provisions of Income Tax Act, before
making any deductions under this chapter
20
21
An individual
Eligible Assessee
A Hindu
undivided family
22
Life Insurance / annuities
•Actual amount paid towards Life insurance policy premium
•Amount contributed towards a contract for a deferred annuity
•Amount of deduction from the salary payable by or on behalf of
the Govt. to any individual in accordance to the conditions of his
service, for the purpose of securing a deferred annuity of
making provisions for his spouse or children not exceeding one
fifth of the salary;
The deduction is restricted to 20% of actual capital sum
assured of life insurance policy other than a contract for a
deferred annuity, if the policy is issued on or before
31.03.2012.
23
Amendment If the policy is issued on or after 1.4.2012
Explanation to Sec.80C(3A)
Where the policy is issued on or after 1.4.2012, ‘Actual capital sum
assured’ shall mean the minimum amount assured under the policy,
without taking into account
i. The value of any premium agreed to be returned OR
ii. Any benefit by way of bonus or otherwise over and above the sum
actually assured which is to be or may be received under the policy by
any person
24
Contribution to Unit Linked Insurance Plan,
1971(ULIP)
25
Any contributions by an individual to any provident fund to
which PF Act, 1925 applies;
26
Subscription to any notified security of the CG
27
Term deposit for a period of not less than 5 years with a scheduled bank in
accordance with a scheme framed by the CG.
Subscriptions to bonds issued by National Bank for Agriculture and Rural
Development (NABARD)
Subscription to any approved units of mutual fund notified in Sec.10(23D) if
proceeds of such issue are utilized in investment in infrastructure company
5 years term deposit in an account under Post Office Time Deposit Scheme
Deposit in National Housing Bank (Tax Saving) Term Deposit Scheme, 2008
28
Housing
• Repayment of any loan borrowed for the purpose of
purchase or construction of residential house property, the
income of which is chargeable to tax under ‘Income from
House property’
• It means deduction is available only when the construction is
completed and assessee gets the possession of the property.
29
Repayment of principal on loan borrowed for
residential house (whether let out or self occupied)
only is entitled for deduction. Repayment of loan
taken for commercial property is not allowed for
deduction.
30
Deduction under this clause is not allowed for
following payments
• The admission fee, cost of shares and initial deposit which a
shareholder of a company or a member of a co-operative soc has to
pay
• the cost of any addition, alteration, renovation or repair of, the
house property which is carried out after the completion certificate
is received or after the property or any part of it is occupied.
• Any expenditure for which deduction is allowable u/s 24.
• Subscription to any approved equity or debentures forming part of
any eligible issue of capital by a public company or public financial
institution which is engaged in infrastructure development
31
University /
college/ school/
Full time
Tuition fees Paid to education for
education
institution in
India
32
Deduction as allowed for the payment made
for “Tuition Fees” only.
33
Subscription to any deposit scheme or as a
contribution to any such fund set up by the
National Housing Bank
34
Deposit with a public sector company engaged
in providing long term finance for construction or
purchase of houses in India for residential purpose
OR
Deposit with any authority constituted in India
• For the purpose of dealing with and satisfying
the need for housing accommodation OR
For the purpose of planning, development or
improvement of cities, towns and villages OR
For both
35
Eligible Investments Persons specified
36
If the assessee transfers the house property, in respect of which deduction has been
claimed, before the expiry of 5 years from the end of the financial year in which
possession of such property is obtained by him, no deduction shall be allowed in the
previous year in which the house property is transferred. The aggregate deduction allowed
in the past years shall be deemed to be the income of the assessee for the previous year
in which the house property is transferred.
Similar shall be the tax treatment in the case of subscription to shares or debentures in
respect of which deduction has been claimed under this section, and sold within a period
of 3 years from the date of acquisition.
Any amount including interest accrued withdrawn out of the deposits in senior citizen
savings scheme or Post Office Time Deposit Scheme before the expiry of 5 years from the
date of deposit shall be liable to tax. However, in case of demise of the assessee and the
legal heir/nominee receives such sum the same shall not be subject to tax. Withdrawal of
interest on these deposits will not be liable to tax provided it is included in the total income
of the depositor in the previous year.
37
In case the term deposit is jointly held, deduction u/s.80C shall be available only to
the first holder of the deposit. Further, the term deposit in respect of which
deduction was claimed, shall not be pledged to secure loan or as security to any
other asset.
No sectoral limits for various items specified u/s.80C. Therefore, an assessee may
opt to invest even in only one item say insurance premium. However, it shall not
exceed Rs.1,00,000 for the year.
In respect of deferred annuity plan, the insured shall not receive the annuity by
cash payment.
Tuition fee paid for part-time education of children does not qualify for deduction.
Similarly, tuition fee payments made for institutions situated abroad are not entitled
for deduction.
38
Deduction in respect of contribution to
certain pension funds
Eligible
Individual
Assessee
39
Following contributions qualify for deduction under this
section only if the payment is made out of the income
chargeable to tax.
40
The pension amount received by the assessee
or his nominee from this fund is taxable in the
hands of the assessee or his nominee , in the
year of receipt.
41
Deduction in respect of contribution to
pension scheme of central government or
scheme as notified
Eligible
Individual
Assessee
42
Nature of Income & Quantum of Deduction
44
Aggregate amount of
deduction u/s
80C, 80CCC & 80CCD is Rs. 1,00,000/-
restricted to
45
This section has been introduced to provide for a one-time
deduction to a resident individual who has acquired listed equity
shares in a P.Y. in accordance with the scheme notified by the CG.
47
The investment should be made in such listed
shares as may be specified under the notified
scheme.
48
Medical insurance premia
An individual
Eligible Assessee
A Hindu
undivided family
49
Deduction is available if the insurance is made on the
health of following persons
50
Quantum of deduction
51
Deduction is available if the payment is made
by any mode (including credit card), other than
cash under :
52
Deduction to the extent of Rs.5,000/- shall be
Amendment allowed in respect payment made on account of
preventive health check-up during the P.Y.
The payment,
for this
For Self, spouse, dependent children or parents
purpose only,
may be made
by any mode,
including cash
53
Maintenance including medical treatment of a
dependant with disability
An individual
Eligible Assessee – A
resident in India
A Hindu
undivided family
54
Deduction is allowed in respect of
55
Amount of Deduction
56
Conditions for deduction
57
If the disabled dependant predeceases the
individual or the member of HUF in whose name
subscription is made, the amount deposited shall
be deemed to be the income of the assessee in
the year in which such amount is received.
58
Dependent
Individual – The spouse, children,
parents, brothers & sister of the HUF – A member of the HUF
individual or any of them
59
Blindness, low vision, leprosy-cured,
Disability hearing impairment, locomotor
disability, mental retardation, mental
means illness, autism, cerebral palsy and
multiple disability.
60
Person with disability means a person so referred
under
The persons with Disabilities (Equal The National Trust for welfare of persons with
opportunities, Protection of Rights Autism, Cerebral Palsy, Mental Retardation and
and Full Participation) Act Multiple Disabilities Act, 1999
61
Deduction in respect of medical treatment etc.
An
Eligible A resident Individual
Assessee in India
A HUF
62
The Any amount actually paid for the medical
deduction treatment of such disease or ailment as may be
is allowed specified in the rules made in this behalf by the
for board for
63
Deduction would be, the lower of
Rs.40,000
The amount actually paid in
the previous year (Rs.60,000 if the person is a
senior citizen i.e. a resident
OR individual of the age of 60
years or more)
64
Assessee Dependant
An individual Spouse, children, parents,
brothers and sisters
A HUF A member of the HUF
65
Conditions for deduction
66
Individual
Eligibility
67
Terms & The amount is paid by the assessee out of
Conditions his income as interest on loan taken for
his higher education or for his relative’s
higher education.
68
Higher Education means any course of study pursued after passing the Senior
Secondary examination or its equivalent from any school, Board or university
recognized by the Central Government, State Government, Local Authority or by
any other authorized authorities.
Any amount paid towards interest on loan borrowed from any financial institution
or any approved charitable institution for the purpose of pursuing higher education
is deductible.
69
Deduction in respect of interest on loan taken
for residential house property
70
Eligible
Individual
Assessee
71
Conditions to be fulfilled for availing the
deduction under this section
72
Conditions to be fulfilled for availing the deduction
under this section
73
This deduction is over and above Rs.1.50 lacs as
allowed u/s 24(b).
In other words, an assessee can claim total Rs.2.50
lacs as deduction
74
For example : If total interest works out to Rs.2.75 lacs, then
remaining portion of Rs.0.25 lacs is carried forward and
deductible in AY 2015-2016
75
Deduction in respect of donations to certain funds,
charitable institutions etc.
Eligible Any
Assessee assessee
76
Conditions for claiming deduction
77
Sr. Name of the fund or institution
No.
1. PM’s National Relief Fund
2. PM’s Armenia Earthquake Relief Fund
3. The Africa (Public Contribution -India) Fund
4. The National Foundation for Communal Harmony
5. A University or any educational institution of national eminence as
may be approved
6. The national illness assistance fund
7. Any Zila Saksharta Samiti constituted for the purpose of
improvement of primary education in villages and towns and for
literacy activities
78
Sr. Name of the fund or institution
No.
8. National Blood Transfusion Council or to any State Blood
Transfusion Council
9. Any fund set up by a State Govt. to provide medical relief to poor
10. The Army Central Welfare Fund or the Indian Naval Benevolent
Fund or the Air Force Central Welfare Fund established by the
armed forces of the Union for the for the welfare of the past and
present members of such forces or their dependants
11. The Chief Minister’s Relief Fund or the Lieutenant Governor’s
Relief Fund in respect of any State or Union Territory
12. The National Sports Fund to be set up by the Central Govt.
13. The National Cultural Fund set up by the Central Govt.
79
Sr. Name of the fund or institution
No.
14. The Fund for Technology Development and Application setup by
the Central Govt.
15. The National Relief Fund
16. Any fund set up by the State Govt. of Gujarat exclusively for
providing relief to the victims of earthquake in Gujarat
17. National Trust for welfare of persons with Autism, Cerebral Palsy,
Mental Retardation and multiple disabilities under the relevant
Act of 1999
18. Andhra Pradesh Chief Minister’s Cyclone Relief Fund, 1996
19. Maharashtra Chief Minister’s Earthquake Relief Fund
80
Sr. Name of the fund or institution
No.
1. Jawaharlal Nehru Memorial Fund
2. PM’s Drought Relief Fund
3. The National Children’s Fund
4. Indira Gandhi Memorial Trust
5. Rajiv Gandhi Foundation
81
Sr. Name of the fund or institution
No.
1. Contribution made by a company as donations to the Indian
Olympic Association or to any other Association or institution
established in India for the development of infrastructure for
sports and games or for the sponsorship of sports and games in
India notified by the Central Govt. in the official gazette
2. Govt. or local authority approved institution / association for
promotion of family planning
82
Sr. Name of the fund or institution
No.
1. Renovation of notified temple mosque, church or gurudwara or
any other notified place of national importance
2. The Govt. or any local authority, to be utilized for any charitable
purpose other than a purpose of promoting family planning
3. Any corporation established by Govt. for promoting interest of
scheduled class/ scheduled tribe/ backward class
4. Any authority set up for providing housing accommodation or
town planning
5. Any approved public trust or institution
83
The restricted 10% of the
amount referred “adjusted gross
earlier (or the total income”
qualifying amount)
84
Computation of ‘Adjusted Gross Total Income’
Particulars Rs.
Gross Total Income XXXX
Less: a) Deductions under chapter VIA, except u/s.80G XX
Less: b) Long Term Capital Gain – Sec 112 XX
Less: c) STCG on listed securities – Sec 111A XX
Less: d) Income of non-residents chargeable to tax in XX
respect of dividend, royalty – Sec 115A,
Units – sec. 115AB, Bonds – sec. 115AC,
Securities – sec. 115AD
Step 1 Adjusted Gross Total Income XXX
85
Computation of allowable amount of Donation
86
The trust/ fund must satisfy following conditions to be eligible
for approval u/s 80G
87
The institution or fund is
i) Registered as a public charitable trust; society
ii) Sec. 25 company,
iii) University or any other educational institution approved by the
Central Govt. u/s.10(23)
88
Eligibility to deduction on donations made to an institution or a fund shall not be
denied merely on the grounds that subsequent to the donation, any part of the
income of such institution or fund has become taxable due to non-compliance
with any of the provisions for availing exemption of such income.
89
Sec 11 Sec 80G
To Grant exemption to the Does not recognize contributions
income of a charitable or religious to religious trust. Contributions
trust for the benefit of the public. to Charitable trusts are
recognized.
The income of the religious trust Donations for renovation of any
is not meant for private religious temple, mosque, gurudwara,
purposes chruch or other places of public
workship as may be notified by
Central Govt. are eligible.
90
The Supreme Court in Upper Ganges Sugar Mills Ltd vs. CIT
(1997) 227 ITR 578 , has held that the relevant provisions of Sec
11 and Sec 80G have different objectives and apply with
reference to computation of income of different persons and
therefore, there will be no contradiction in the case of the AO
allowing exemption in respect of the income of the religious
trust u/s 11 and denying the benefit of deduction u/s 80 G in
the hands of the donors in respect of donations made to the
religious trust.
91
Deduction for rent paid
Eligible Individual
Assessee who doesn’t receive HRA
92
Deduction is allowed to the extent of least of
93
Total income for this purpose is calculated as follows
Particulars Rs.
Gross Total Income XXXX
Less: a) Deductions under chapter VIA, except u/s.80GG XX
Less: b) Long Term Capital Gain – Sec 112 XX
Less: c) STCG on listed securities – Sec 111A XX
Less: d) Income of non-residents chargeable to tax in XX
respect of dividend, royalty – Sec 115A,
Units – sec. 115AB, Bonds – sec. 115AC,
Securities – sec. 115AD
Total Income XXX
94
Following conditions must be satisfied by the assessee to get
the deduction
95
Donations for scientific research, rural
development, etc.
96
Following donations qualify for deduction
97
Any sum paid by the assessee in the P.Y. to
• an association or institution which has as his
object, the undertaking of any programme of rural
development
to be used for carrying out any programme of
rural development approved by the prescribed
authority for purpose of Sec.35CCA
OR
• an institution/ association, approved by the
prescribed authority u/s.35CCA(2), which has as its
object ‘the training of persons for implementing
programs of rural development’
98
Any sum paid to
• Research association, which has as its object the undertaking of
research in social science or statistical research
• University, college or other institution, to be used in research of
social science or statistical research,
99
Any sum paid to a rural development fund set up and notified
u/s.35CCA
100
If the deduction is claimed under this sec. and
allowed for any A.Y., deduction shall not be allowed
in respect of such payment under any provision of
this act for the same or any A.Y.
101
In case, any person making contribution to
Institution/Association, which was granted approval under
sec 80 GGA, is eligible to claim such contribution as
deduction, even though the approval was withdrawn
subsequently by the Central Government
102
Deduction in respect of contributions given by
companies to political parties
Eligible An Indian
Assessee Company
103
Deduction is available for any sum contributed
in the P.Y. to
104
Deduction shall be allowed in respect of any contribution (as defined u/s.293A
of the Companies Act, 1956)
105
Deduction in respect of contributions given
by any person to political parties
Eligible
Any person
Assessee
106
Deduction is available for any sum
contributed in the P.Y. by any person to
• A political party, registered u/s.29A of the
Representation of the People Act or
• An electoral trust
107
108
Deductions in respect of profits & gains from
undertakings or enterprises engaged in
infrastructure development etc.
109
The section provides a 10 year
tax holiday to the assessee
whose gross total income includes
any profits and gains derived by an
undertaking or enterprise from an
eligible business as referred to in
sub section (4)
110
Eligible Business
Infrastructure
Facility
Telecom
Undertakings
Industrial Parks/
Special Economic
Zones
Power
Undertakings
Reconstruction or revival of
a power generating plant
112
Sr. Deduction of
Classification of Industries
No. Profits derived
An undertaking set up in any part of India for 100% for 10
4 the generation or generation and distribution consecutive
of power AY
An undertaking which undertakes substantial 100% for 10
5 renovation and modernization of existing network consecutive
of transmission or distribution lines AY
113
Developing
114
Infrastructure facility means
•A port,
•Airport,
•Inland waterway, or Inland port,
•Navigational channel in the sea
116
Conditions to be fulfilled by the enterprise :
It must be owned by
• a company registered in India OR
• a consortium of such companies OR
• an authority/ board/ corporation or any other body established
under any Central or State Act
117
Conditions to be fulfilled by the enterprise :
118
Conditions to be fulfilled by the enterprise
undertaking highway project as mentioned earlier :
119
Quantum of 100% of profits derived by the
enterprise from the business
Deduction of the ‘infrastructure facility.
Any 10 consecutive
Period of assessment years, out of 20
deduction years beginning from the year
of operation.
120
Any undertaking providing telecommunication services
whether basic or cellular
121
Conditions to be complied with by the undertaking
But on or before
31st March
2005
122
Quantum 100% of profits derived by the
enterprise from the business
and period
of the ‘infrastructure facility
of Deduction for first 5 consecutive years
123
Developing
An Developing & An
enterprise Operating
Industrial
Maintaining & Park
Operating
124
Conditions to be complied with by the undertaking
But on or before
31st March
2011
125
Quantum of 100% of profits derived by the
Deduction enterprise
Any 10 consecutive
Period of assessment years, out of 15
deduction years beginning from the year
of operation.
126
An undertaking set up in any part of India for the generation or
generation and distribution of power
(should begin to generate power between 1.4.1993-31.3.2013)
127
Substantial renovation and modernization
means
an increase in the plant and machinery in the
network of transmission or distribution lines by at
least 50% of the book value of such plant and
machinery as on 1st April, 2004.
128
Quantum of 100% of profits derived by the
Deduction power undertaking
Any 10 consecutive
Period of assessment years, out of 15
deduction years beginning from the year
of operation.
129
Conditions to be fulfilled by Telecom and Power
undertakings
131
The condition is not applicable to second hand machinery
or plant imported by the assessee if
Such machinery or plant was not used in India prior to
the date of installation by the assessee.
No deduction on account of depreciation was allowed to
any person prior to the date of installation by the assessee
132
An Set up for
undertaking reconstruction or revival
owned by an of a power generating
Indian plant
company
133
Conditions to be fulfilled by the undertaking
134
Quantum of 100% of profits derived by
Deduction such undertaking
Any 10 consecutive
Period of assessment years, out of 15
deduction years beginning from the year
of operation.
135
Income of a subsidiary company by way of grant or otherwise
received from an Indian holding company, engaged in the
business of generation, transmission or distribution of power,
is exempt
if such receipt is for settlement of dues in connection with
reconstruction or revival of an existing business of power
generation
136
The profits and gains of the eligible business shall be computed
as if such eligible business were the only source of the income of
the assessee during the relevant P.Y.
137
The deductions shall not exceed the profits and gains of the
eligible business
138
Central Govt. may declare any class of industrial undertaking or
enterprise as not being entitled to deduction, with effect from the
date specified in the said notification issued in the official gazette
139
The objective of tax benefit under sec 80 IA is to encourage private sector participation
by way of investments in development of infrastructure sector. The intention of this
section is not to give tax benefit for the persons who merely execute the civil
construction work or any other works contract awarded by any person including the
Central or State Government. Thus the assessee who is entitled to claim deduction
under this section is a person who makes the investment himself and executes the
infrastructure development work – Explanation to Sec 80 IA.
When goods have been destroyed by fire and insurance compensation has been
received, the same shall be regarded as part of eligible profits. Just as loss of stock
would go to reduce the eligible profits in the year of such loss, insurance compensation
shall go to increase the eligible profits – CIT vs. Sportking India Ltd. (2010) 324 ITR
283 (Delhi)
140
If the Indian Co. carrying on ‘eligible business’ is transferred to
another Indian Co. by Amalgamation or demerger
141
Deductions in respect of profits and gains by an
undertaking or enterprise engaged in development of
SEZ
Any Assessee
Eligible A Whose GTI includes
profits/gains from
Assessee Developer developing a SEZ notified
on or after 1.4.2005
under SEZ Act, 2005
142
Developer
A An A Co-
A State Govt.
person Authority developer
143
Quantum of 100% of profits derived by
Deduction such undertaking
Any 10 consecutive
Period of assessment years, out of 15
years beginning from the year
deduction in which a SEZ has been
notified by the ‘CG’
144
Deduction is available only if the accounts are audited by a Chartered
Accountant
The profits from the eligible business should be computed as if the said
eligible business were the only business of the assessee.
The transfer of the goods or services held for the purpose of the
eligible business, to other business, or vice versa, should be at “Market
Value”
145
Deduction should not exceed the profits of such eligible
business.
146
If the Indian Co. carrying on ‘eligible business’ is transferred to
another Indian Co. by Amalgamation or demerger
147
Deduction in respect of profits and gains from
certain industrial undertakings other than
infrastructure development undertakings, etc.
148
Eligible business means :
1. An industrial undertaking including SSI
2. A ship
3. A hotel, multiple theatre or convention centre
4. Scientific and industrial research and development
5. Commercial production or refining of mineral oil or commercial
production of natural gas in licensed blocks
6. Construction and development of housing projects approved by a
local authority
7. Setting up and operating a cold chain facility for agricultural
produce.
8. Processing, preservation and packaging of fruits and vegetables or
meat and meat products or poultry or marine or dairy products or,
the integrated business of handling, storage and transportation of
food grains
9. Operating and maintaining a hospital in a rural area.
150
Deduction is available to undertakings located in the
industrially backward states other than those claiming
deduction u/s.80-IC
151
Conditions to be complied with
152
Deduction is available to Industrial Undertaking deriving
profit from the business of setting up and operating
cold chain facility for agricultural produce.
153
Eligible Business :
154
Undertaking shall begin its operations as :
155
Status of Assessee Period of deduction Quantum of Deduction
Co-operative Soc. For the first 5 100% of profits earned
assessment years
For the next 7 years 25% of profits earned
156
Deduction in respect of Industrial undertaking
located in industrially backward district notified
by the Central Govt.
Condition to be complied :
157
Quantum and period of deduction
158
Conditions to be fulfilled
159
Quantum of 30% of profits derived by such
Deduction undertaking
160
Conditions to be fulfilled
161
Location of the hotel Quantum and Period of
deduction
In case of hotels located in a hilly 50% of the profits for first 10
area or a rural area or a place of consecutive assessment
pilgrimage or such other place as years
the CG, may specify
Any other place 30% of the profits for first 10
consecutive assessment
years
Municipal limits of Delhi, Chennai, Nil
Mumbai or Kolkata
162
The hotel should be approved and must start functioning at any
time between 1.4.1990 – 31.3.1994
or between 1.4.1997-31.3.2001
163
Word Meaning
Hilly area Any area located at a height of 1,000 mtrs. or more above
the sea level.
Place of A place where any temple, mosque, gurudwara, church or
pilgrimage other place of public worship of renown throughout any
State or States is situated
Rural area Any area other than:
an area which is comprised within the jurisdiction of a
municipality or a cantonment board which has a
population of 10,000 or more
an area within 15 kms from the local limits of any
municipality or cantonment board.
164
Conditions
165
Quantum of 100% of profits derived
Deduction by such undertaking
166
Conditions to be complied with
167
Conditions to be complied with
168
Explanation to Sec.80-IB(9)
For claiming deduction, all blocks licensed under a single
contract awarded under the New Exploration Licensing
Policy announced by the GOI vide resolution no. O-
19018/22/95-ONG.DO.VL, Dt. 10.2.1999 or in pursuance
of any law for the time being in force or by the Central or
State Govt. in any other manner shall be treated as a
‘single undertaking’.
169
Quantum of 100% of profits derived
Deduction by such undertaking
170
Conditions to be complied with
171
Conditions to be complied with
172
Conditions to be complied with
173
Quantum of 100% of profits derived
Deduction from eligible projects
174
Hospitals in a ‘rural area’
constructed between
1.10.2004-31.3.2008
Eligible [Sec.80-IB(11B)]
175
Conditions to be complied with
176
Quantum of 100% of profits derived
Deduction by such undertaking
177
Conditions common to all sub sections
178
Conditions common to all sub sections
179
If the Indian Co. carrying on ‘eligible business’ is transferred to
another Indian Co. by Amalgamation or demerger
180
The deductions shall not exceed the profits and gains of the
eligible business
The incentive deduction u/s 80 IA / 80 IB shall be allowed to a new undertaking even though the
undertaking is manufacturing the same product of other existing units. So long as the
undertaking satisfies all conditions, deduction shall not be denied on the ground that the
undertaking is manufacturing similar product – Bajaj Tempo Ltd. Vs. CIT(1992) 96 ITR 188 (SC).
Again, where the new undertaking is sharing some of the common facilities for the purpose of
manufacture of article or thing deduction shall not be denied. The guiding factor in all these
cases is to test whether the undertaking is separate and distinct. Once it is substantiated,
deduction shall be allowed – CIT vs. Kerala Chemicals and Proteins Ltd. (2009) 308 ITR 339
(Ker).
182
Deductions u/s 80 IA and 80 IB are available from the year of commencement of production.
Trial production enables claiming of depreciation on assets used for such production but not for
availing these deductions under chapter VIA, commercial production should begin. In a case
where the trial production was in one year and the commerical production was in the next year,
than the benefit of these deductions would be available only from the year of commericail
production – CIT vs. Nestor Pharmaceuticals Ltd. (2010) 322 ITR 631 (delhi)
Sale of import entitlements / DEPB/ Duty Drawback cannot be regarded as income derived from
industrial undertaking and therefore, not included in computing income for special deduction –
CIT vs. Sterling Foods (1999) 237 ITR 579 (SC); Liberty India vs. CIT (2009) 317 ITR 218 (SC)
183
The aseessee company must be engaged in the business of manufacture or prioduction of any
article or thing. In the case of preparing food packages for selling the same or preparing
foodstuffs for serving in the hotel there is no question of manufacture or production. The raw
material is at the most processed so as to make it eatble. The same analogy holds good for
fllight kitchen preparing food packets to serve the passengers – Indian Hotels Co. Ltd. And
Others vs. ITO (2000) 245 ITR 538 (SC).
For the purpose of availing dedution u/s 80 IB, the prfit should be derived from the running of the
eligible industrial undertaking. In case the assessee lease out the undertaking and derives rental
income, such rent cannot be considered as profit “derived from the industrial undertaking and
therefore, cannot claim deduction u/s80 IB – Sterliing Foods vs. CIT (1984) 150 ITR 292 (Kar)
and CIT vs. Cemet Distribution Ltd. (1994) 208 ITR 355 (Del)
184
Deduction in respect of Undertakings in
Special category states
Any Assessee
Eligible Whose GTI includes profits/gains
185
The deduction is available where the business is carried on
in any
• Export Processing Zone OR
• Integrated Infrastructure Development Centre OR
• Industrial Growth Centre OR
• Industrial Estate OR
• Industrial Park OR
• Software Technology Park OR
• Industrial Area OR
•Theme Park
As specified by the CBDT
186
Deduction can be availed by an undertaking which newly
commences the business or undertakes substantial expansion as:
187
increase in the investment in
the plant and machinery by at
Substantial least 50% of the book value of
expansion plant and machinery as on the
first day of the previous year in
which substantial expansion is
undertaken.
188
Conditions to be complied with
189
Conditions to be complied with
190
Conditions to be complied with
191
Deduction for gains from business of hotel and
convention centers
192
Eligible business means :
193
Conditions to be complied with
194
Conditions to be complied with
195
Conditions to be complied with
196
Meanings of the words for the purpose of this section :
Word Meanings
Specified Area National Capital Territory of Delhi and districts of
Faridabad, Gurgaon, Gautam Budh Nagar &
Ghaziabad
Convention Centre A building of a prescribed area comprising of
convention halls to be used for the purpose of
holding conferences and seminars, being of such
size and number and having such other facilities &
amenities as may be prescribed
Hotel A hotel of two-star, three-star or four star
category as classified by the Central Govt.
197
Quantum of 100% of profits derived
Deduction by such undertaking
198
Deduction in respect of Undertakings in north
eastern states
199
Deduction is available for :
200
Hotel (not
Minimum below 2 star
capacity Providing category)
25 beds medical &
Adventure &
health
leisure sports
services – including
Nursing
ropeways
home
Hotel management
Catering & Food Craft
Entrepreneurship
Running IT
development
Manufacturing related nursing & para-
of IT hardware training medical
centre. civil aviation related
training
Bio-
Fashion designing
technology
Industrial training
201
Tobacco
Plastic
carry bags Deduction not
< 20 Pan masala
available for
microns
Goods
produced by
petroleum oil
7 gas
refineries 202
Arunachal
Pradesh
Tripura Assam
North-
Sikkim
Eastern Manipur
States
Nagaland
Meghala
ya
Mizoram
203
Substantial expansion means :
Increase in the investment in the plant and
machinery by at least 25% of the book value of
plant & machinery
before taking depreciation
as on the first day of the previous year in
which expansion is undertaken
204
Conditions to be complied with
207
The deduction u/s. 80-IA, IB, IC, ID or IE is available to an
undertaking and not to an assessee. Conditions mentioned
should be complied by the undertaking
Textile
Machinery
Corp. Ltd. vs.
CIT (1997) 107
ITR 195 (SC)
208
All assessees
Eligibility
209
Terms & Assessee must be engaged in business of
Conditions collecting and processing or treating of
bio-degradable waste for generating
power or producing bio-fertilizers, bio-
pesticides or other biological agents or for
producing bio-gas, making patents or
briquettes for fuel or organic manure.
210
Terms & The Gross total Income should include
Conditions profit & gains derived from an industrial
undertaking engaged in the manufacture
or production of article or thing.
The industrial undertaking is not formed
by splitting up or reconstruction of an
existing undertaking or amalgamation with
another industrial undertaking.
Audit Report of a Chartered Accountant
should be furnished along with the return
of income
Regular workmen does not include casual
workmen or workmen employed through
contract labour or any other workmen
employed for a period of less than 300
days during the previous year.
Barring aforesaid TWO categories
of cases, in no other case
Settlement Application can be filed.
211
Indian Company
Eligibility
212
Schedule Bank or any bank incorporated by or
under the laws of a country outside India; and
Eligibility having an Off-shore banking unit in a SEZ or
Unit of a International Financial Service Centre
213
Terms & The deduction shall be allowed only if the
Conditions assessee furnishes along with the return of
income –
214
Co-operative Societies
Eligibility
216
217
Surplus = Income – Expenditure. This surplus is contributed
to the common fund for future utilization to the benefit of
the contributors
218
The surplus derived by a mutual concern is not chargeable to
tax.
219
It may be noted from 80P(1)(e) referred above that a co-op soc. Is eligible in respect of
income from letting of godowns or warehouses for storage, processing or facilitating the
marketing of commodities.
In a case where the co-op soc derives income by way of commission from public distribution
for controlled commodities is found to be not deductible. This view was upheld by rge
Supreme Court in Udaipur Sahkari Upbhokta Thok Bhandar Ltd. Vs. CIT [2009] 315 ITR 21
220
Deduction under sec 80P is a beneficial provision and therefore shall be interpreted
liberally. Though, the section provides that the soc. Shall deal in marketing of
agricultural produce raised by its members.
The Punjab & Haryana High Court in CIT vs. Punjab State Co-op Supply &
marketing federation ltd’s case 46 taxam 156(1989) has held that deduction shall
be allowed even in a case where the member is not himself the producer of
agriculture produce and such produce was purchased and sold by him to the
society. Hence th agricultural produce need not be the one actually produced by
the member of the soc. This view was followed by the same High Court again in
CIT vs. Haryana State Co-op Supply & Marketing Federation Ltd. (1989) 70 CTR
94
221
The Kerla High Court has held that where a Co-op Soc carries on activities which
gives rise to income deductible and also carries on activities which give rise to non
deductible income, such non deductible income shall be taxed after allowing
proportionate expenditure permissible u/s 80P – Kottayam District Co-op Bank Ltd.
Vs. CIT (1990) 188 ITR 568
222
The assessee, co-op soc. Was formed to promote the economic interest of its
members by purchasing auto rickshaw vehicles and selling them on hire
purchase terms to the members. The assessee claimed exemption u/s 80P on
the ground that it was carrying on the business of providing credit facilities to its
members. Held that the society is not eligible for exemption as the activity cannot
be construed as providing “credit facilities” to members – Madras Auto
Rickshaw Drivers Co-op Soc vs. CIT (1998) 249 ITR 330 (SC)
223
An Individual who is a resident, being
Eligibility an author/joint author.
224
Computation of Eligible Income
225
Terms & Deduction is allowable in respect of royalty
Conditions income or copyright fee of authors of
certain books other than textbooks for
assignment or grant of any interest in the
A certificate copyright of any book.
in prescribed
form 10CCD Work of literary , artistic or scientific nature
duly verified qualify for deduction. Books for this
by any purpose shall not include brochures,
person commentaries, diaries, guides, etc for
responsible schools, tracts and other publications of
for making similar nature.
such
payment to If income is earned by the author from any
the assessee source outside India, only so much of the
shall be income brought into India in convertible
furnished foreign exchange within a period of 6
along with months from the end of the previous year in
the return of which such income is earned or within such
income period allowed by RBI shall be considered
for the deduction.
226
An Individual who is a resident being
Eligibility a patentee, including a co-owner of the
patent.
227
Terms & He being a patentee, registered under the
Conditions Patents Act, 1970, on or after 1.4.2003 as
the true and first inventor in respect of an
invention, including a co-owner of the
A certificate patent.
in prescribed
form 10CCE Deduction is not allowed to assignees or
duly signed mortgagees in respect of all or any rights
by the in the patent.
Controller
should be
furnished If income is earned from any source
along with outside India, the amount of the income
the return of brought into India in convertible foreign
income for exchange within a period of 6 months
availing from the end of the previous year in which
Barringoraforesaid
such income is earned within suchTWO categories
deduction
of RBI
period allowed by cases,
shallinbeno other case
considered
for the deduction.
Settlement Application can be filed.
228
Royalty in respect of a patent
Means consideration,
including any lump sum
but excluding
any consideration in the nature of capital gains or
consideration for sale of product manufactured with the
use of the patented process or of the patented article.
229
Deduction in respect of Interest received from
deposits in Saving Account/s.
Eligible Individual
Assessee & HUF
230
Quantum of
Deduction
OR
Interest on
deposits in a Rs. 10,000/-
Savings Account
Whichever is lower
231
For the purpose of deduction, the said Saving
account should be with
232
If interest is received from any deposit
in a savings account held by, or on
behalf of
a firm, an association of persons, or a
body of individuals,
deduction is not allowed to any
partner of the firm, or any member of
the association or any individual of the
body.
233
The deposits repayable
Time Deposits on expiry of fixed
periods
234
The Income should be first offered to tax and then the deduction under
this section should be claimed.
23
5
If the saving account is jointly held by 2 or more persons,
deduction under this section will be allowed to First holder.
23
6
An Individual who is a resident and
Eligibility Who is Certified by a Medical Authority to
be a person with disability at any time
during the previous year
237
Terms & A copy of the certificate issued by the
Conditions Medical Authority is required to be
furnished in respect of assessment
year for which the deduction is claimed
along with return of income
238
Terms & Disability means physical disability or
Conditions total blindness or partial blindness or
mental retardation reducing his
capacity substantially for gainful
employment
239
24
0
Section Particulars Omitted by
No.
80AA Computation of deduction u/s.80M Finance Act,
1997
80CC Deduction in respect of investment in Finance (No. 2)
certain new shares Act, 1996
80F Deductions in respect of educational Finance
expenses in certain cases Act1985
80FF Deductions in respect of expenses of higher Finance (No. 2)
education in certain cases Act, 1980
80H Deduction in case of new industrial Taxation Laws
undertakings employing displaced persons, (Amendment)
etc Act, 1975
241
Section Particulars Omitted by
No.
80J Deduction in respect of profits and gains Finance (No. 2)
from newly established industrial Act, 1996
undertakings or ships or hotel business in
certain cases
80JJ Deduction in respect of profits & gains from Finance Act,
business of poultry farming 1997
80K Deduction in respect of dividends Finance (No. 2)
attributable to profits and gains from new Act, 1967
industrial undertakings or ships or hotel
business
80L Deduction in respect of interest on certain Finance Act,
securities, dividends, etc. 2005
80M Deduction in respect of certain inter- Finance Act,
corporate dividends 2003
242
Section Particulars Omitted by
No.
80MM Deduction in the case of an Indian Finance Act,
Company in respect of royalties etc., 1983
received from any concern in India
80N Deduction in respect of dividends received Finance Act,
from certain foreign companies 1985
80QQ Deduction in respect of profits and gains Direct Tax Laws
from the business of publication of books (Amendment)
Act, 1987
80S Deduction in respect of compensation for Finance Act,
termination of managing agency, etc., in 1986
the case of assessees other than
companies
243
Section No. Particulars Omitted by
80T Deduction in respect of long term Finance Act, 1987
capital gains in the case of
assessees other than companies.
80TT Deduction in respect of winnings Finance Act, 1986
from lottery
80V Deduction from Gross Total Income Finance Act, 1994
of the parent in certain cases
80VV Deduction in respect of expenses Finance Act, 1985
incurred in connection with certain
proceedings under the Act.
80VVA of Restriction on certain deductions in Finance Act, 1987
Chapter VI-B the case of companies
244
Section Particulars Last applicable
No. Assessment Year
80CCB Deduction in respect of investment made A.Y. 1992-93
under Equity Linked Savings Scheme
80CCF Deduction in respect of subscription to A.Y. 2012-13
long term infrastructure bonds
80HH Deduction in respect of profits and gains A.Y. 1990-91
from newly established industrial
undertakings or hotel business in
backward areas
80HHA Deduction in respect of profits and gains A.Y. 1990-91
from newly established small-scale
industrial undertakings in certain cases
245
Section Particulars Last applicable
No. Assessment Year
80HHB Deduction in respect of profits and gains A.Y. 2004-05
from projects outside India
80HHBA Deduction in respect of profits and gains A.Y. 2004-05
from housing projects in certain cases
80HHC Deduction in respect of profits retained for A.Y. 2004-05
export business
80HHD Deduction in respect of earnings in A.Y. 2004-05
convertible foreign exchange
80HHE Deduction in respect of profits from export A.Y. 2004-05
of computer software, etc.
80HHF Deduction in respect of profits and gains A.Y. 2004-05
from export or transfer of film software etc.
246
section 32A section 80CC
(3)(a)(i),
section 32AB section 80-I(2
section 80J(4) 88A (3)(a)(i)
24
7
LIST OF ARTICLES OR THINGS
9. Projectors.
10.Photographic apparatus and goods.
11-21. Omitted
24
8
LIST OF ARTICLES OR THINGS
24. Safes, strong boxes, cash and deed boxes and strong room
doors.
25. Latex foam sponge and polyurethane foam.
26. Omitted
24
9
LIST OF ARTICLES OR THINGS
29. Omitted
25
0
Form No. Description
Audit report under sections 80-I(7)/80-IA(7)/80-IB/80-IC
10CCB
25
1
Form No. Description
Certificate under sub-section (2) of section 80RRB for
10CCE
Patentees in receipt of royalty income, etc.
25
2
Form No. Description
25
3
25
4
M, a CA, derives Rs.1,63,000 as taxable professional income.
Income from other sources is Rs.7,000.
He pays Mediclaim insurance premium Rs.2,000 for insuring
the health of his non-dependant parents, Rs.3,000 for self
and spouse and Rs.2,000 for his brother.
He pays Rs.2000 in cash for routine health check-up.
255
Computation of Total Income A.Y. 2013-14
256
Particulars Rs. Rs.
Total b/f 1,07,000
3. Rent paid – 80GG
Least of the following is eligible for deduction
i) Excess of rent paid over 10% of total
Income (30,000-6,300) = 23,700
257
Mediclaim insurance for insuring health of M’s brother does
not qualify for deduction u/s80D.
Mediclaim insurance for non-dependant parents shall qualify
for deduction u/s.80D.
Payment made in cash for preventive health check-up
qualifies for deduction u/s.80D within the specified limit of
Rs.15,000 or Rs.20,000 as the case may be.
Deduction u/s.80DD is a flat amount of Rs.1,00,000
irrespective of the actual expenditure incurred (for persons
with severe disability).
Total Income for the purpose of sec.80GG
Gross Total Income 1,70,000
Less: Deduction u/s.80D & 80DD 1,07,000
Total Income 63,000
258
Compute deduction u/s 80G in the following case
259
Computation of Deduction u/s.80G
260
Particulars Gross Net Deduction
Qualifying Qualifying
Amount Amt
261
Particulars Gross Net Deduction
Qualifying Qualifying
Amount Amt
262
Note :
263
X suffers from disability duly certified by a specialist, X is employed
as personal assistant to the Managing Director in a private company
on a monthly salary of Rs.8000. Besides, X submits the following
particulars of income for the year ending 31.3.2013
Particulars Amount(Rs.)
Interest from Indian Co. 5000
Dividend from UTI 3000
Interest from bank 5000
264
Computation of taxable income for the A.Y. 2013-14
265
Bombay Suburban Co-op Soc., which is engaged in processing
agricultural produce of its members, without the aid of power, and
its marketing, furnishes the following particulars, determine its net
income for the A.Y. 2013-14 :
Particulars Amount(Rs.)
Income from Processing of Agricultural Produce 17000
Income from Marketing Agricultural Produce 3000
Dividends from another co-op society 55000
Income from letting godowns 10000
Income from agency business 85000
266
Computation of net income for the A.Y. 2013-14
267
Computation of net income for the A.Y. 2013-14
268
Mr. Harsh, aged 66 years running business as a proprietor furnishes the
particulars of
his income for the year ended 31-3-2013 as under:
(a) Net Profit of Rs.3,15,500 from the wholesale business of textiles and
fabrics arrived at after charge of following expenses in the Profit & Loss
Account:
I. Personal travelling expenses of Rs.12,750.
II. Purchase of furniture items for shop on 13-6-2012 of Rs.25,000 but
charged in shop expenses.
269
(c) He had deposited insurance premium on the life of self of Rs.12,500, wife
Rs.13,500, son and daughter of Rs.28,000, made investment of Rs.50,000 in the
bonds issued by NABARD and paid Rs.22,500 by credit card for medi-claim
insurance of the family.
Compute taxable income and the amount of tax payable by Mr. Harsh on such
income for the Assessment Year 2013-14
270
Computation of total income of Mr. Harsh for the A.Y.2013-14
271
Computation of total income of Mr. Harsh for the A.Y.2013-14
272
Particulars Rs. Rs.
Profits and gains of business or profession
Net profit as per profit and loss account of
wholesale business
of textiles and fabrics 3,15,500
Add:
Expenses charged in profit and loss account
either not
allowable or to be considered separately
-
Personal travelling expenses of proprietor 12,750
Purchase of furniture items wrongly debited 25,000
to shop expenses 3,53,250
Less:
Depreciation on furniture @ 10% on Rs.25,000 2,500
Income from Profits and Gains of Business or
Profession 3,50,750
Gross Total Income 3,69,275
273
Particulars Rs. Rs.
Less:
Deduction under Chapter VI-A
Under section 80C
[Life insurance premium ]
Bonds issued by NABARD
Maximum allowable upto Rs.1 lakh 1,00,000
Under section 80D [Medical insurance
premium] 20,000 1,20,000
Total Income 2,49,275
274
The Assessee, a Co-op Soc., engaged in banking activities, earned
interest income out of the reserve funds, which had been invested
with SBI/RBI in compliance with Statutory provisions in order to carry
on banking business and declined to allow the claim, but restricted its
claim to that part of interest income derived from working or
circulating capital. Examine the validity of action of Assessing Officer.
275
Deduction u/s 80P is allowable only to primary agricultural credit
society and to primary co-operative agricultural and rural
development bank.
For other assesses, no deduction under sec 80P is allowable
If the assessee is a Primary Agricultural Credit Society or Primary Co-
op Agricultural and Rural Development Bank then the assessing
officer’s action is untenable.
Refer to CIT vs. Karnataka State Co-op Apex Bank (2001) 251 ITR
194.
276
Examine the correctness of the
statement that "there exists no
difference in the treatment of
income claimed under section 10
with those claimed under Chapter
VI -A of the Income - tax Act”
277
The statement is incorrect.
Section 10 lists out the items of income which do not form part of total income.
Thus, such income are fully or partly exempt from tax. Items of income which are
exempt under section 10 shall not form part of any head of income. Therefore, the
income which are claimed as exempt under section 10 are excluded from gross
total income, in the sense , they are not included in the computation of gross total
income.
However, for claiming deduction under Chapter VIA, the income must be included
under the respective head of income for computation of gross total income and
thereafter, deduction can be claimed under the respective section as specified in
Chapter VI - A to arrive at the total income. In short, section 10 provides for
exemption of income whereas Chapter VI - A provides for deductions from gross
total income.
278
Can the provisions of section 14A of the
Income-tax Act, 1961 be applied for
disallowing expenditure relating to
income for which deduction is available
under Chapter VIA, or the section can be
invoked only in respect of expenditure
relating to income exempt under the
provisions of section 10?
279
Chapter III, comprising sections 10 to 13B, deals with
incomes which do not form part of total income. As per
section 14A(1), for the purposes of computing the total
income under Chapter IV, no deduction shall be allowed
in respect of expenditure incurred by the assessee in
relation to income which does not form part of the total
income under the Income - tax Act, 1961.
280
Therefore, from a plain reading of section 14A, it is apparent that
the intention of the section is to disallow expenditure in relation
to income which does not form part of total income i.e.,
expenditure in relation to income exempt under section 10 to 13B.
281
Whether any senior citizen is allowed an
additional limit for availing deduction
u/s80D?
Answer : Yes, a senior citizen is entitled to an
additional deduction of Rs.5,000 i.e. such an
amount can get extended to Rs.20,000
282
Is deduction u/s 80 C available in respect of
tuition fees paid for a third child ?
Answer : The deduction is restricted to two
children only. Thus, an assessee can chose
any two children for availing such a
deduction.
283
Is deduction available u/s 80 CCF for
investing in "infrastructure bonds" for the AY
13-14 ?
Answer : No deduction is not available since
AY 13-14, for investment in infrastructure
bonds upto Rs.20,000
284
What is the pre-requisite of a political party,
so as to have deduction u/s 80 GGB of the
Income Tax Act, 1961 ?
Answer : The political party means a political
party registered u/s 29 A of the
Representation of the People Act, 1951 ( 43
of 1951 )
285
Is donation in kind eligible so as to claim
deduction u/s 80 G of the Income Tax Act,
1961 ?
Answer : No. Deductions in kind are not
eligble for availing deduction u/s 80 G of the
Income Tax Act, 1961
286
Is deduction available u/s 80 E for an
individual acting as a legal guardian ?
Answer : Yes. The term "relative" includes
spouse, children of an individual and also
student for whom individual is the legal
guardian.
287
Can an interest on loan obtained from a
private party eligible for deduction u/s 80 E
for higher education ?
Answer : No. Loan should be borrowed from
any financial institution or any approved
charitable institution for the purpose of
pursuing higher education
288
Is deduction u/s 80 GGC available to a local
authority, contributing to a political party ?
Answer : No. deudction is not available to a
local auhority and every artificial judicial
person wholly or partly funded by the
Government
289
Is an activity of "relaying of an existing road"
considered as an "infrastructure facility" for
the purposes of Section 80-IA (4) ?
Answer : No. as per Circular No. 4/2010
dated 18.05.2010; simply relaying of an
existing road can not be considered as
"infrastructure facility"
290
Whether deduction u/s 80 JJA is available for
any 5 assessment years ?
Answer : No. Deduction is available for 5
consecutive assessment years, relevant to the
previous year in which such business of
"collecting and processing of bio-degradable
waste" commences.
291
Whether a deduction u/s 80 IB(10) is available
to merely a "works contractor" ?
Answer : Deduction is not available to merely
a works contractor. It is futher clarified that,
deduction is not available to any undertaking
which executes the housing project as a
works contract awarded by any person (
including the Central or State Government )
292
Is deduction u/s 80 U is available to a non-
resident individual ?
Answer : Deduction is available only to a
“resident individual” who is certified by a
Medical Authority.
293
Deductions under Chapter VI-A are restricted to
Gross Total Income.
294
Deductions u/s 80 C towards “principal amount” for a loan
obtained for acquiring a house property enables assessee to
rationalize tax.
295
Deduction u/s 80 IB (10) enables an assessee to
claim deduction @ 100 % of taxable income from
an undertaking engaged in developing and
building housing projects.
296
Section 80 U does have a significant human touch. It provides
deduction for a resident individual in case of "disability" or
"severe disability"
29
7
Various deductios u/s 80 IA enable an assessee, which generate "value" in
the soceity as deductions under various sub-sections are available for
298
Deduction u/s 80 JJA provides an incentive to an
assessee who is in the business of "collecting and
processing bio-degradable waste"
299
Deduction u/s 80 P which is available to co-operative
societies is intended to elevate such activities which are
widely spread across the country.
300
301