Tuesday, December 30, 2014

Income Tax - Deduction in respect of Life insurance premia, deferred annuity, contributions to provident fund, subscription to certain equity shares or debentures, etc. (section 80C)

Friends,

Here we will describe the savings u/s 80C for the financial year 2014-15

Section  80C,  entitles  an  employee  to  deductions  for  the  whole  of  amounts  paid  or deposited  in  the  current  financial  year  in  the  following  schemes,   subject  to  a  limit  of Rs.1,50,000/-:

(1)  Payment of insurance premium to effect or to  keep in force  an  insurance on the life of the individual, the spouse or any child of the individual.

(2)  Any  payment made to effect or to keep in force  a  contract for a deferred annuity, not being an annuity plan  as is  referred to in item (7) herein below on the life  of the individual,  the spouse or any child   of   the individual, provided that such contract  does not contain a provision  for the exercise by the insured of an option  to receive  a  cash  payment  in lieu of the  payment  of  the annuity;

(3)   Any sum deducted from the salary payable by, or, on   behalf   of   the Government to any individual, being  a  sum deducted  in accordance with the conditions of his  service for the purpose   of securing to him a deferred annuity or making provision for his spouse or children, in so far as the sum deducted does not exceed 1/5th of the salary;

(4) Any contribution made :

(a) by an individual to any Provident Fund to which the Provident Fund Act, 1925 applies;
(b) to  any  provident  fund  set  up  by  the  Central Government, and notified by it in this behalf  in the Official Gazette, where such contribution is to an  account standing in the name of an individual, or spouse or children;
[The   Central   Government   has   since   notified   Public   Provident   Fund   vide
Notification S.O. No. 1559(E) dated 3.11.05]
(c) by an employee to a Recognized Provident Fund;
(d) by an employee to an approved superannuation fund;

It may be noted that "contribution" to any Fund shall not include any sums in repayment of loan or advance;

(5) Any subscription :-

(a) to  any such security of the Central Government or  any  such deposit scheme as the Central  Government may, by  notification  in  the  Official  Gazette, specify in this behalf;
(b) to any such saving certificates as defined   under section   2(c) of the Government Saving  Certificate  Act,  1959  as  the  Government  may,  by  notification  in  the  Official Gazette,  specify in  this  behalf.

[The Central Government has since notified National Saving Certificate (VIIIth Issue) vide Notification S.O. No. 1560(E) dated 3.11.05and National Saving Certificate  (IXth   Issue)  vide  Notification  .  G.S.R.  848  (E),  dated  the  29th November, 2011, publishing the National Savings Certificates (IX-Issue) Rules,
2011 G.S.R. 868 (E), dated the 7th December, 2011, specifying the National
Savings Certificates IX Issue as the class of Savings   Certificates F No1-
13/2011-NS-II r/w amendment Notification No.GSR 319(E), dated 25-4-2012 ]
(6) Any sum  paid as contribution in the case of  an individual, for himself, spouse or any child,

a.   for  participation  in the Unit  Linked  Insurance  Plan, 1971 of the Unit Trust of India;
b.   for  participation  in any  unit-linked  insurance  plan  of  the  LIC  Mutual Fund     referred  to  section  10  (23D)  and  as  notified     by     the  Central Government.

[The Central Government has since notified Unit Linked Insurance Plan (formerly known as
Dhanraksha, 1989) of LIC Mutual Fund vide Notification S.O. No. 1561(E) dated 3.11.05.]

(7)  Any subscription made to effect or keep in force a contract for such annuity plan of  the Life  Insurance  Corporation     or  any  other  insurer  as  the  Central  Government  may,  by notification in the Official Gazette, specify;

[The Central Government has since notified New Jeevan Dhara, New Jeevan Dhara-I, New
Jeevan Akshay, New Jeevan Akshay-I and New Jeevan Akshay-II vide Notification S.O. No.
1562(E)  dated  3.11.05  and  Jeevan  Akshay-III  vide  Notification  S.O.  No.  847(E)  dated
1.6.2006 ]

(8) Any subscription made to any units of any Mutual Fund, of section 10(23D), or from  the Administrator or the specified company referred to in Unit Trust of India (Transfer of Undertaking & Repeal) Act, 2002 under  any  plan formulated  in  accordance with any scheme as  the  Central Government,  may, by notification in the Official  Gazette, specify in this behalf;

[The Central Government has since notified the Equity Linked Saving Scheme, 2005 for this purpose vide Notification S.O. No. 1563(E) dated 3.11.2005]

The investments made after 1.4.2006 in plans formulated in accordance with Equity Linked Saving Scheme, 1992 or Equity Linked Saving Scheme, 1998 shall also qualify for deduction under section 80C.

(9)    Any  contribution made by an individual to  any  pension  fund  set  up by any Mutual Fund  referred to in  section 10(23D), or, by the Administrator or the specified company defined in Unit Trust of India (Transfer of Undertaking & Repeal) Act, 2002, as the Central  Government may,  by notification in  the Official Gazette, specify in this behalf;

[The Central Government has since notified the Equity Linked Saving Scheme, 2005 for this purpose vide Notification S.O. No. 1563(E) dated 3.11.2005]

(10)  Any subscription made to any such deposit  scheme of, or,  any contribution made to any such pension fund set  up by, the National Housing Bank, as the Central Government may,  by notification in the Official Gazette, specify in this behalf;

(11) Any subscription made to any such deposit  scheme, as the Central Government  may,  by notification in the Official   Gazette, specify  for   the   purpose of being floated by  (a)   public sector companies engaged in providing long-term finance for construction or purchase of houses in India for residential purposes,  or, (b) any authority constituted in India  by,    or, under  any law,  enacted either 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.

[The Central Government has since notified the Public Deposit Scheme of HUDCO vide Notification S.O. No.37(E), dated 11.01.2007, for the purposes of Section 80C(2)(xvi)(a)]. (12)   Any   sums paid by an assessee for the purpose   of  purchase   or construction of a residential house  property, the income  from which is chargeable to tax under the  head "Income from house property" (or which would, if it has not been   used  for  assessee's   own  residence, have been chargeable  to tax under that head) where such payments are  made towards or by way of any instalment or part payment of the amount  due under any self-financing or other scheme of any Development Authority,  Housing   Board  etc.

The deduction  will also be allowable in respect of  re-payment of loans  borrowed  by an assessee from the Government,  or any bank or Life Insurance Corporation, or National Housing Bank,  or certain other categories of institutions  engaged in the   business  of  providing   long  term  finance for construction or purchase of houses in India.   Any repayment of loan borrowed from the employer will also be covered, if the employer happens to be a public company, or a public sector company,  or  a university established by law, or  a college affiliated  to  such university, or a local authority, or  a    cooperative  society, or an authority, or a board, or a corporation, or any other body established under a Central or State Act.

The stamp duty, registration fee and other expenses incurred for the purpose of transfer  shall   also be   covered.     Payment   towards   the   cost   of   house property,   however, will not include, admission fee or cost of share  or initial deposit or the cost of any addition or alteration  to,  or, renovation   or repair   of   the   house property   which   is   carried   out after the   issue   of   the completion certificate by competent authority, or after the   occupation   of   the house by the assessee or after  it  has been  let out.  Payments towards any expenditure in respect of which the deduction is allowable under the provisions of  section  24 of the Act will also not be included in payments towards the cost of purchase or construction of a house property.

Where the house property in respect  of which  deduction has been allowed under these provisions is transferred  by the tax-payer at any time before the expiry of five  years from the end of the financial year in  which possession  of  such  property  is obtained by  him  or  he receives back, by  way of refund or  otherwise,  any  sum specified in section 80C(2)(xviii), no deduction under these provisions shall be allowed in respect of such sums paid in such  previous  year in which the transfer is made and  the aggregate amount of deductions of income so allowed  in  the earlier years shall be added to the total income of the assessee of such previous year and shall be liable to tax accordingly.

(13) Tuition fees, whether at the time of admission or thereafter, paid to any university, college, school or other educational institution situated in India, for the purpose of full-time education of any two children of the employee.

Full-time education includes any educational course offered by any university, college, school or other educational institution to a student who is enrolled full-time for the said course.  It is also clarified that full-time education includes play-school activities, pre-nursery and nursery classes.

It is clarified that the amount allowable as tuition fees shall include any payment of fee to any university, college, school or other educational institution in India except the amount representing payment in the nature of development fees or donation or capitation fees or payment of similar nature.

(14)  Subscription  to  equity    shares  or  debentures forming  part of any eligible issue of capital made by a public company, which is approved by the Board or by any public finance institution.

(15)  Subscription  to  any units of  any  mutual  fund referred  to in clause (23D) of Section 10 and approved   by the Board, if the amount of subscription to such units is subscribed only in eligible issue of capital of any company.

(16)  Investment as a term deposit for a fixed period of not less than five years with a scheduled bank, which is in accordance with a scheme framed and notified by the Central Government, in the Official Gazette for these purposes.

[The Central Government has since notified the Bank Term Deposit Scheme, 2006 for this purpose vide Notification S.O. No. 1220(E) dated 28.7.2006]

(17) Subscription to such  bonds issued  by the National Bank for Agriculture and Rural Development, as the Central Government may, by such notification in the Official Gazette, specify in this behalf.

(18) Any investment in an account under the Senior Citizens Savings Scheme Rules, 2004.

(19) Any investment as five year time deposit in an account under the Post Office Time Deposit Rules, 1981.


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