Transcript GST presentation

Tax Planning through Investments
DEDUCTIONS AVAILABLE TO
INDIVIDUAL AND HINDU
UNDIVIDED FAMILY
TAXPAYERS
CA. Rajat Mohan
B.Com(H),ACA, ACS, DISA
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SECTION 80C
DEDUCTION IN RESPECT OF LIFE
INSURANCE PREMIA, DEFERRED
ANNUITY, CONTRIBUTIONS TO
PROVIDENT FUND, SUBSCRIPTION TO
CERTAIN EQUITY SHARES OR
DEBENTURES, ETC.
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(A). TAXPAYER CATEGORY- SECTION 80C
This deduction is available to taxpayers, being
individual or Hindu undivided family.
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(B). CONDITIONS SECTION 80C
(1). The aggregate deduction allowed under this section shall not
exceed Rs. 1,00,000.
(2).Deduction is allowed for the whole of the amount paid or deposited
in the previous year.
(3).Deduction would be available for following sums paid or deposited
by assessee in the previous year:
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(B). CONDITIONS SECTION 80C
(i)
Life insurance premium — To keep in force insurance on the
life of persons specified.Assessee Insurance on the life of persons
specified Individual ,the wife or husband and any child of such
individual. Hindu undivided family. Any member of Hindu undivided
family.
This provision shall apply only to so much of any premium or other
payment made on an insurance policy as is not in excess of 20% of
the actual capital sum assured.
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(B). CONDITIONS SECTION 80C
(ii)Withdrawal of deduction criteria — Where, in any previous year,
an assessee terminates his contract of insurance, by notice to that
effect or where the contract ceases to be in force by reason of failure to
pay any premium, by not reviving contract of insurance,—
(a)
In case of any single premium policy, within 2 years after the
date of commencement of insurance; or
(b)
In any other case, before premiums have been paid for 2
years;
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(B). CONDITIONS SECTION 80C
then, no deduction shall be allowed to the assessee with reference to
any of the sums, paid in such previous year; and the aggregate amount
of the deductions of income so allowed earlier any preceding previous
year, shall be deemed to be the income of the assessee of such
previous year.
(ii)
Non-commutable deferred annuity — Such annuity is taken by
individual for life of the individual, the wife or husband and any child of
such individual.
(iii)
Deduction made from the salary of Government employee
being a sum deducted in accordance with the conditions of his service,
for the purpose of securing deferred annuity. This annuity should be for
the benefit of individual himself, his spouse or children. Deduction is
subject to maximum deduction of 1/5th of the salary.
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(B). CONDITIONS SECTION 80C
(iv)
Contribution by an individual to any provident fund to which
the Provident Funds Act, 1925 apply. This contribution shall not
include repayment of loan.
(v)
Contribution 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 any
person specified. This contribution shall not include repayment of
loan. Assessee Persons specified Individual, the wife or husband
and any child of such individual Hindu undivided family
Any member of Hindu undivided family Central Government vide
notification in official gazette specifies the public provident fund,
established under the Public Provident Fund Scheme, 1968, for the
purposes of this clause.
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(B). CONDITIONS SECTION 80C
(vi) Contribution by an employee to a recognized provident fund. This
contribution shall not include repayment of loan.
(vii) Contribution by an employee to an approved superannuation fund.
This contribution shall not include repayment of loan.
(viii) Subscription to any such security of the Central Government or any
such deposit scheme as that government may, by notification in the
official gazette, specify in this behalf.
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(B). CONDITIONS SECTION 80C
(ix) Subscription to any such savings certificate as defined in clause (c) of
section 2 of the Government Savings Certificates Act, 1959, as the
Central Government may, by notification in the Official Gazette, specify in
this behalf.
Central Government vide notification in official gazette specifies National
Savings Certificates (VIII Issue) issued under the Government Savings
Certificates Act, 1959 as savings certificates for the purposes of this
clause.
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(B). CONDITIONS SECTION 80C
(x)Contribution, in the name of any person specified, for
participation in the Unit-linked Insurance Plan, 1971 (Unit-linked
Insurance Plan) specified in Schedule II of the Unit Trust of India
(Transfer of Undertaking and Repeal) Act, 2002.
Withdrawal of deduction criteria — Where, in any previous year, an
assessee terminates his participation in any unit-linked insurance
plan, by notice to that effect or where he ceases to participate by
reason of failure to pay any contribution, by not reviving his
participation, before contributions in respect of such participation
have been paid for 5 years, then deduction shall be withdrawn. Any
deduction allowed to the assessee in any previous year (including
any earlier preceding previous years also), shall be deemed to be
the income of the assessee of such previous year.
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(B). CONDITIONS SECTION 80C
Assessee
Persons specified
Individual
Individual, the wife or husband and any
child of such individual.
Hindu
undivided
family
Any member of Hindu undivided family.
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[1]
Notification No. S.O. 1561(E), dated 3-11-2005.
(B). CONDITIONS SECTION 80C
(xi) Contribution in the name of any person specified for
participation in any such unit-linked insurance plan of the LIC Mutual
Fund referred to in clause (23D) of section 10, as the Central
Government may, by notification in the Official Gazette, specify in this
behalf.
Central Government vide notification[1] in Official Gazette specifies
the Unit Linked Insurance Plan (formerly known as Dhanraksha
1989) of the Life Insurance Corporation Mutual Fund for the purposes
of this clause.
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(B). CONDITIONS SECTION 80C
Withdrawal of deduction criteria — Where, in any previous year, an
assessee terminates his participation in any unit-linked insurance
plan, by notice to that effect or where he ceases to participate by
reason of failure to pay any contribution, by not reviving his
participation, before contributions in respect of such participation have
been paid for 5 years, then deduction shall be withdrawn. Any
deduction allowed to the assessee in any previous year(including any
earlier preceding previous years also), shall be deemed to be the
income of the assessee of such previous year.
Assessee
Individual
Hindu
undivided
family
Persons specified
Individual, the wife or husband and any child of such
individual.
Any member of Hindu undivided family.
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(B). CONDITIONS SECTION 80C
(xii)
To effect or to 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.
Central Government vide notification in Official Gazette specifies the
New Jeevan Dhara, and New Jeevan Akshay, II Plans of the Life
Insurance Corporation of India, as filed by that Corporation with the
Insurance Regulatory and Development Authority, as the annuity plan
of the Life Insurance Corporation of India for the purposes of this
clause.
Central Government vide notification in Official Gazette specifies the
Jeevan Akshay III Plan of the Life Insurance Corporation of India, as
filed by that Corporation with the Insurance Regulatory and
Development Authority, as the annuity plan of the Life Insurance
Corporation of India for the purposes of this clause.
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(B). CONDITIONS SECTION 80C
xiii)
Subscription to any units of any Mutual Fund referred to in
clause (23D) of section 10 or from the Administrator or the specified
company under any plan formulated in accordance with such scheme
as the Central Government may, by notification in the Official Gazette,
specify in this behalf.
Central Government vide notification in official gazette makes Equity
Linked Savings Scheme, 2005. The Central Board of Direct Taxes has
clarified[1] that investments made on or after 1 April, 2005, in plans,
which are in accordance with ELSS 1992 or ELSS 1992 as amended
in 1998 are also eligible for tax benefit under section 80C.
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(B). CONDITIONS SECTION 80C
(xiv)
Contribution by an individual to any pension fund set up by
any mutual fund referred to in clause (23D) of section 10 or by the
administrator or the specified company, as the Central Government
may, by notification in the official gazette, specify in this behalf.
Central Government vide notification in official gazette specifies the
UTI Retirement Benefit Pension Fund set up by the specified
company referred to in clause (h) of section 2 of the Unit Trust of
India (Transfer of Undertaking and Repeal) Act, 2002 as a pension
fund for the purposes of this clause.
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(B). CONDITIONS SECTION 80C
(xv)
Subscription to any such deposit scheme of, or as a
contribution to any such pension fund set up by, the National
Housing Bank established under section 3 of the National Housing
Bank Act, 1987, as the Central Government may, by notification in
the Official Gazette, specify in this behalf.
Central Government vide notification[1] in official gazette specifies
the National Housing Bank (Tax Saving) Term Deposit Scheme,
2008 for the purposes of the said clause.
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(B). CONDITIONS SECTION 80C
(xvi) Subscription to any such deposit scheme of:
(a) A public sector company which is engaged in providing longterm 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,
as the Central Government may, by notification in the official gazette,
specify in this behalf.
Central Government vide notification[1] in official gazette specifies the d
for an amount of rupees one thousand crore for the purposes of the
sub-clause (a).
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(B). CONDITIONS SECTION 80C
(xvii) Tuition fees (excluding any payment towards any
development fees or donation or payment of similar nature), whether
at the time of admission or thereafter,
(a) To any university, college, school or other educational
institution situated within India;
(b) For the purpose of full-time education of any of the any two
children of such individual.
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(B). CONDITIONS SECTION 80C
(xviii)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 had not been used for the assessees own
residence, have been chargeable to tax under that head), where such
payments are made towards or by way of:
(a) Any installment or part payment of the amount due under any selffinancing or other scheme of any development authority, housing board or
other authority engaged in the construction and sale of house property on
ownership basis; or
(b) Any installment or part payment of the amount due to any
company or co-operative society of which the assessee is a shareholder or
member towards the cost of the house property allotted to him; or
(c) Repayment of the amount borrowed by the assessee from:
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(B). CONDITIONS SECTION 80C
(1)The Central Government or any State Government; or
(2) Any bank, including a co-operative bank; or
(3) The Life Insurance Corporation; or
(4) The National Housing Bank; or
(5) Any public company formed and registered in India with the
main object of carrying on the business of providing long-term finance
for construction or purchase of houses in India for residential
purposes which is eligible for deduction under clause (viii) of subsection (1) of section 36; or
(6) Any company in which the public are substantially interested
or any co-operative society, where such company or co-operative
society is engaged in the business of financing the construction of
houses; or
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(B). CONDITIONS SECTION 80C
(7) The assessees employer where such employer is an authority
or a board or a corporation or any other body established or
constituted under a Central or State Act; or
(8)T he assessees employer where such employer is 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
co-operative society.
(d)Stamp duty, registration fee and other expenses for the purpose
of transfer of such house property to the assessee.
But shall not include any payment towards or by way of
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(B). CONDITIONS SECTION 80C
(A)The admission fee, cost of share and initial deposit which a
shareholder of a company or a member of a co-operative society
has to pay for becoming such shareholder or member; or
(B)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 in respect of the house property by the
authority competent to issue such certificate or after the house
property or any part thereof has either been occupied by the
assessee or any other person on his behalf or been let out; or
(C)Any expenditure in respect of which deduction is allowable under
the provisions of section 24.
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(B). CONDITIONS SECTION 80C
Withdrawal of deduction criteria — Where, in any previous year,
an assessee transfers the house property referred hereinabove
before the expiry of 5 years from the end of the financial year in
which possession of such property is obtained by him, or receives
back, whether by way of refund or otherwise, any sum specified in
that clause, then deduction shall be withdrawn. Any deduction
allowed to the assessee in any previous year (including any earlier
preceding previous years also), shall be deemed to be the income
of the assessee of such previous year.
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(B). CONDITIONS SECTION 80C
(xix)
Subscription to equity shares or debentures forming part of
any eligible issue of capital approved by the Board on an application
made by a public company or as subscription to any eligible issue of
capital by any public financial institution in the prescribed form (Rule
20).
(xx)
Subscription to any units of any mutual fund referred to in
clause (23D) of section 10 and approved by the Board on an
application made by such mutual fund in the prescribed form.
However, this clause shall apply if the amount of subscription to such
units is subscribed only in the eligible issue of capital[1] of any
company.
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(B). CONDITIONS SECTION 80C
(xxi)
Term deposit:
(a) For a fixed period of not less than 5 years with a scheduled bank
(b) Which is in accordance with a scheme framed and notified, by the
Central Government, in the Official Gazette for the purposes of this
clause.Central Government vide notification in Official Gazette makes
Bank Term Deposit Scheme, 2006.
(xxii) Subscription to such bonds issued by the National Bank for
Agriculture and Rural Development, as the Central Government may,
by notification in the official gazette, specify in this behalf.
Central Government vide notification in Official Gazette specifies the
NABARD Rural Bonds of National Bank for Agriculture and Rural
Development (NABARD) for an amount of rupees five thousand crore
for the purposes of this clause.
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(B). CONDITIONS SECTION 80C
(xxiii)Deposit in account under the Senior Citizens Savings Scheme
Rules, 2004.
If any amount (including interest accrued thereon), is withdrawn by the
assessee from his account, before the expiry of the period of 5 years
from the date of its deposit, the amount so withdrawn shall be deemed
to be the income of the assessee of the previous year in which the
amount is withdrawn. However, the amount liable to tax shall not
include the following:
(i) Any amount of interest, relating to deposits which has been included
in the total income of the assessee of the previous year or years
preceding such previous year
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(B). CONDITIONS SECTION 80C
(ii) Any amount received by the nominee or legal heir of the assessee, on
the death of such assessee, other than interest, if any, accrued thereon,
which was not included in the total income of the assessee for the
previous year or years preceding such previous year.
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(B). CONDITIONS SECTION 80C
(xxiv) 5 year time deposit in an account under the Post Office Time
Deposit Rules, 1981:- If any amount (including interest accrued
thereon), is withdrawn by the assessee from his account, before the
expiry of the period of 5 years from the date of its deposit, the amount
so withdrawn shall be deemed to be the income of the assessee of the
previous year in which the amount is withdrawn. However, the amount
liable to tax shall not include the following:
(i) Any amount of interest, relating to deposits which has been included
in the total income of the assessee of the previous year or years
preceding such previous year
(ii) Any amount received by the nominee or legal heir of the assessee,
on the death of such assessee, other than interest, if any, accrued
thereon, which was not included in the total income of the assessee for
the previous year or years preceding such previous year.
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SECTION 80CCF
DEDUCTION IN RESPECT OF
SUBSCRIPTION TO LONG-TERM
INFRASTRUCTURE BONDS.
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(A). TAXPAYER CATEGORY-SECTION 80CCF
This deduction is available to taxpayers, being
individual or Hindu undivided family
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(B). CONDITIONS - SECTION 80 CCF
(1).Amount is paid or deposited by assessee in long-term
infrastructure bonds as may, for the purposes of this section, be
notified by the Central Government.
(2).Such amount is paid or deposited during the previous year (20102011).
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(C). AMOUNT OF DEDUCTION SECTION 54EC
Deduction shall be lower of:
(1). Amount paid; or
(2).20,000.
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SECTION 80D
Deduction in
respect of
health insurance premia
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(A). TAXPAYER CATEGORY- SECTION 80D
This deduction is available to taxpayers,
being individual or Hindu undivided family.
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(B).CONDITIONS -SECTION 80D
(1).Assessee had paid an amount to effect or to
keep in force an insurance on the health.
(2). The amount is paid in the previous year.
(3). The amount is paid by any mode, other than
cash.
(4) The amount is paid out of the income
chargeable to tax of the assessee.
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(C).
AMOUNT OF DEDUCTION- SECTION 80D
Assessee
Person insured
Deduction allowed
Maximum
deduction allowed
(in aggregate) –
None of the
Insured persons is
a senior citizen)
Maximum
deduction allowed
(in aggregate) – At
least 1 of the
Insured persons is
a senior citizen)
Individual
Assessee himself Amount paid
or family or any
contribution made
to the Central
Government
Health Scheme.
Rs. 15,000
Rs. 20,000
Individual
Parents of assessee Amount paid
Rs. 15,000
Rs. 20,000
HUF
Any member of Amount paid
Hindu undivided
family
Rs. 15,000
Rs. 20,000
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(E). MEANING – SECTION 80D
i)
‘Insurance’ means insurance in accordance with a scheme made
in this behalf by:
(a) The General Insurance Corporation of India formed under section
9 of the General Insurance Business (Nationalization) Act, 1972
and approved by the Central Government in this behalf
(b)
Any other insurer and approved by the Insurance Regulatory
and Development Authority established under sub-section (1) of
section 3 of the Insurance Regulatory and Development Authority Act,
1999.
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SECTION 80DD
DEDUCTION IN RESPECT OF
MAINTENANCE INCLUDING MEDICAL
TREATMENT OF A DEPENDANT WHO IS
A PERSON WITH DISABILITY.
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(A).TAXPAYER CATEGORY-SECTION 80DD
This deduction is available to taxpayers,
being individual or Hindu undivided family
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(B). CONDITIONS- SECTION 80DD
(1).Assessee being an individual or Hindu undivided family shall be
resident in India.
(2).Assessee has, during the previous year:
(a)Incurred any expenditure for the medical treatment
(including nursing), training and rehabilitation of a dependant, being a
person with disability; or
(b)Paid or deposited any amount under a scheme framed in
this behalf by the Life Insurance Corporation or any other insurer or
the administrator or the specified company subject to the specified
conditions and approved by the board in this behalf for the
maintenance of a dependant, being a person with disability.
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(B). CONDITIONS- SECTION 80DD
(3). Assessee shall furnish a copy of the certificate issued by the
medical authority in the Form no. 10-IA in prescribed manner (Rule
11A), along with the return of income under section 139, in respect of
the assessment year for which the deduction is claimed.
Where the condition of disability requires reassessment of its extent
after a period stipulated in the aforesaid certificate, no deduction under
this section shall be allowed for any assessment year relating to any
previous year beginning after the expiry of the previous year during
which the aforesaid certificate of disability had expired, unless a new
certificate is obtained from the medical authority[1] in the form and
manner, as may be prescribed, and a copy thereof is furnished along
with the return of income.
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(B). CONDITIONS- SECTION 80DD
4.Dependant predeceases criteria — If the dependant, being a
person with disability, predeceases the individual or the member of the
Hindu undivided family, an amount equal to the amount paid or
deposited under a scheme framed shall be deemed to be the income of
the assessee of the previous year in which such amount is received by
the assessee.
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(C).AMOUNT OF DEDUCTION-SECTION 80DD
Deduction shall be at a flat rate of Rs. 50,000.
However, in case dependant is a person with severe disability,
Deduction shall be at a flat rate of Rs. 75,000.
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(E).
MEANING – SECTION 80DD
‘Dependant’ means:
(i)
In the case of an individual, the spouse,
children, parents, brothers and sisters of the individual or any of
them; or
(ii)
In the case of a Hindu undivided family, a
member of the Hindu undivided family,
dependant wholly or mainly on such individual or Hindu undivided
family for his support and maintenance, and who has not claimed
any deduction under section 80U in computing his total income for
the assessment year relating to the previous year.
i)
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(E). MEANING – SECTION 80DD
ii)
‘Disability’ shall have the meaning assigned to it in clause (i)
of section 2 of the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995 and includes
autism, cerebral palsy and multiple disability referred to in clauses
(a), (c) and (h) of section 2 of the National Trust for Welfare of
Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple
Disabilities Act, 1999.
iii)
‘Person with disability’ means a person as referred to in
clause (t) of section 2 of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995 or
clause (j) of section 2 of the National Trust for Welfare of Persons
with Autism, Cerebral Palsy, Mental Retardation and Multiple
Disabilities Act, 1999.
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(E). MEANING – SECTION 80DD
‘Person with severe disability’ means
(i)
A person with eighty % or more of one or more
disabilities, as referred to in sub-section (4) of section 56 of the
Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995; or
(ii)
A person with severe disability referred to in clause (o)
of section 2 of the National Trust for Welfare of Persons with Autism,
Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.
iv)
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SECTION 80DDB
DEDUCTION IN RESPECT
OF MEDICAL
TREATMENT, ETC.
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TAXPAYER CATEGORY-SECTION 88DDB
This deduction is available to taxpayers, being individual or Hindu
undivided family.
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(B).CONDITIONS-SECTION 88DDB
(i)Assessee being an individual or Hindu undivided family shall be
resident in India.
(ii)Assessee has during the previous year actually paid any amount for
the medical treatment of specified disease or ailment (Rule 11DD).
(iii)Assessee shall furnish with the return of income, a certificate in form
no. 10-I, from a neurologist, an oncologist, a urologist, a haematologist,
an immunologist or such other specialist, as may be prescribed, working
in a Government hospital
(iv) Amount is paid by assessee
(a) If assessee is individual — For himself or a dependant; or
(b) If assessee is Hindu undivided family — For any member of a
Hindu undivided family.
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(C). AMOUNT OF DEDUCTION –SECTION88DDB
Deduction shall be lower of the following:
• Amount actually paid; or
• Rs. 40,000.
Where the amount paid is in respect a senior citizen, deduction shall
be lower of the following:
• Amount actually paid; or
• Rs. 60,000.
However, deduction shall be reduced by the amount received under
an insurance, or reimbursed by an employer, for the medical treatment.
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(D). MEANING – SECTION 88DDB
i)‘Dependant’ means:
(a)
In the case of an individual, the spouse, children,
parents, brothers and sisters of the individual or any of them,
(b)
In the case of a Hindu undivided family, a member of
the Hindu undivided family,dependant wholly or mainly on such
individual or Hindu undivided family for his support and
maintenance.
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THANK YOU
Your comments and suggestions are of utmost
importance and are always welcomed.
CA. Rajat Mohan
B.Com(H), ACA, ACS, DISA
MOHAN AGGARWAL & ASSOCIATES
Chartered Accountants
Head Office
F-31 D.B. Gupta Market, Karol Bagh, New Delhi-110005
Office Phone: 011-23672609 / 23535809
Branch Office
18A, IInd Floor, North Avenue Road, West Punjabi Bagh, New Delhi-110026
office Phone: 011-4732696/97
Website: www.delhicamohan.com
E-mail: [email protected]
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