Research paper on Analysis of important deductions available to an individual under Income Tax Act

Analysis of important Deduction available to individual under

Chapter VI A of the Income Tax Act, 1961

Introduction

There can be various sources of income. These sources of income are clubbed together in order to find out the gross total income on which tax can be levied. However, the Income Tax Act provides for allowability of certain deductions from the gross total income of the assessee. These deductions are given in Chapter VIA of the Income Tax Act. “Gross Total Income” means the total income computed in accordance with the provisions of the Indian Income tax Act, before making any deduction under thisChapter.[1] It is only after making the deductions from the gross total income can we arrive at the “total income” on which tax is assessed.

There is a difference between the different methods of providing tax concessions: deduction and rebate. They should not be used interchangeably. Broadly speaking, deductions reduce the taxable income, while rebate reduces tax on income. Deduction implies that a certain sum is completely subtracted from income of the assessee before the tax liability is calculated. Rebate is only a percentage of the maximum amount that an assessee is eligible to claim for exemption.

In computing the Total Income or Taxable Income of the assessee, the deductionsspecified in Sections 80CCC to 80U are available. It is popularly known as “Chapter VI-A deduction”. Se include deductions in respect of life insurance premium, contribution towards provident fund, donations to certain funds and charitable institutions etc. Chapter VI A deals with deductions provided to an individual(deductions from salary on account of investments for insurance, medical treatment etc.) as well as companies and firms (deductions of profits and gains of undertakings for certain business investments). However, in this paper the researcher has limited the scope of discussion to that of deductions available to individuals and HUF only.

In this paper, the researcher has divided the project into four chapters. The first chapter outlines the basic concepts required to be understand deduction. The other three chapters (deduction in respect of payments, deduction in respect of income and other deduction) analyze the various deductions available to an individual section wise followed by a conclusion.

Deductions – Basic Concepts

 Income tax is a tax on income. According to S. 2 (31), the income of the following persons is assessed:

1)      Individual; it includes a male, female, minor child and a lunatic;

2)      Hindu Undivided Family (HUF);

3)      Company;

4)      Firm;

5)      Association of Persons or Body of Persons, whether incorporated or not.;

6)      Local authorities;

7)      Every Artificial Juridical persons not falling within any of the above categories.

Income is computed under various heads for the purposes of charging tax u/s. 14 of the Income Tax Act, 1961:

1. Salaries
2. Income from House Property
3. Profits and Gains from Business or Profession
4. Capital Gains.
5. Income from Other Sources 

The aggregate income under these heads is termed as ‘Gross Total Income’. It is always calculated before providing exemptions under Chapter VIA, i.e., deductions from Section 80CCC to 80U. After that the total income is calculated. ‘Total Income’ stated is the Gross Total Income as reduced by amount permissible as deduction under Sections 80CCC to 80U. It is also called taxable income. The aggregate amount of the deductions under these sections cannot, however, exceed the gross total income. These deductions are available to assessee for deposits in many investment schemes and also for expenditure of a particular nature.

Not all of the deductions provided in Chapter VI A are applicable to individuals. Deduction under chapter VIA is shown under the heads like contribution to Statutory Provident Fund, Recognized Provident Fund, Medical Insurance Premium, LIC premium, Donations, Housing & educational loans etc. The deduction under ChapterVI-A can be divided into three classifications.

1. Deduction in respect of certain Payments (Ss. 80C, 80CCC, 80CCD, 80D, 80DD, 80DDB, 80E, 80G etc.)
2. Deduction in respect of certain Incomes (Ss. 80QQB, 80RRB)
3. Other Deductions (S. 80U)

The aforementioned sections are enumerated in the coming chapters.

Deduction in respect of Payments

Sections 80C, 80CCC AND 80CCD provide for deductions in respect of certain investments made by an individual. The collective deduction under these sections cannot exceed Rs. 1,00,000.

S. 80C: Deduction in Respect of Life Insurance Premium, Deferred Annuity, contributions to Provident Fund, Subscription to certain Equity Shares or Debentures, etc.

Deductions under S. 80C has been introduced by the Finance Act, 2005. Broadly speaking, this section provides deduction from total income in respect of various investments/expenditures/payments in respect of which tax rebate u/s. 88 was earlier available.

Persons eligible to get deduction – deduction under this section is available only to individuals and HUF. Other assesses, like company, firm etc., are not entitled to get this deduction.

Payments eligible for deduction – the following contributions or investments are eligible for deduction under this section:

1.     Life Insurance premium to effect or keep in force insurance on life of

i. Self, spouse and any child in case of individual; and

ii. Any member, in case of HUF;

 Insurance premium should not exceed 20% of the actual capital sum assured.

2.    To effect or keep in force a deferred annuity contract on life of self, spouse and any child in case of individual (not applicable for HUF);

 Such contract should not contain a provision for lump sum cash payment option in lieu of payment of annuity.

3.    Deduction from salary payable by or on behalf of the Government to any individual for the purpose of securing to him a deferred annuity or making provision for his spouse or children;

 The sum so deducted should not exceed 1/5th of the salary.

4.    Any contribution (not being repayment of loan) by an individual to Statutory Provident Fund/ Recognized Provident Fund;

5.    Any contribution to Public Provident Fund scheme, 1968;

6.    Any contribution by an employee to an approved superannuation fund.

7.    Any contribution to Unit-linked Insurance Plan (ULIP) of UTI/ LIC

8.    To effect or to keep in force a contract of notified annuity plan of the LIC/ any other Insurer.

9.    Any subscription to any notified security/ notified deposit scheme/ National Savings scheme’ 1992;

10.Any subscription to National Savings Certificates (VIII issue). .

11.Subscription to units of any Mutual Fund referred u/s 10(23D) (Equity Linked Saving Schemes).

12.Contribution by an individual to a notified pension fund set up by any Mutual Fund referred u/s 10(23D).

13.As subscription to any such deposit scheme of National Housing Bank (NHB), or as a contribution to any such pension fund set up by NHB as notified by Central Government.

14.As subscription to notified deposit schemes of:

i. Public sector Company providing long-term finance for purchase/construction of residential houses in India; or

ii. Any authority constituted in India for the purposes of housing or planning, development or improvement of cities, towns and villages.

15.As Tuition fees (excluding any payment towards any development fees or donation or payment of similar nature), to any university, college, school or other educational institution situated within India for the purpose of full-time education of any two children of an individual.

16.Principal amount towards the cost of purchase or construction of a residential house. The income from such house property should be chargeable to tax under the head "Income from house property". 

17.As Term Deposit (Fixed Deposit) for 5 years or more with Scheduled Bank in accordance with a scheme framed and notified by the Central Government

18.As subscription to any notified bonds of National Bank for Agriculture and Rural Development (NABARD);

19.Investment in Term Deposit:

i. For a fixed period of not less than five years with a scheduled bank; and

ii. That is in accordance with a scheme framed and notified, by the Central Government, in the Official Gazette for the purposes of this clause.

20.Any subscription to Equity shares/ Debentures forming part of any eligible issue of capital by a Public company/ Public Financial Institution, wherein.

i) Eligible issue of capital means capital issued by a public co./ Public financial institution for utilizing the proceeds wholly & exclusively towards purposes of any business referred in Sec. 80IA(4).

21.In addition to the existing list of various categories of investments eligible for deduction under Section 80C, further two additions have been introduced thereby increasing the scope of exercisable options, the additions being:- [Amendment AY 2009-10]

i) Five year time deposit in an account under Post Office Time Deposit Rules, 1981; and  

ii) Deposit in an account under the Senior Citizens Savings Scheme Rules, 2004. 
 However the above amounts are to be kept for a minimum of 5 years from the date of its deposit, so as to escape the adverse provision of taxing premature withdrawal of deposits along with interest accrued on same.[2]

Other important provisions –

1.    No deduction shall be allowed to an assessee in the previous year of happening of following events. If in any case such events take place the aggregate amount of deductions so allowed shall be considered as deemed income of the assessee of such previous year and shall be liable to tax in the assessment year relevant to such previous year; i.e., the conditions being:-  

1.      If an assessee terminates/ discontinues a LIC policy in case of a single premium policy before Two years or in any other case before the premium of two years has been paid, no deduction will be allowed to the assessee in such previous year of policy termination. Moreover the deduction allowed in past previous years on account of such policy premiums shall be taken as deemed income in the year of such policy termination.

2.      If an assessee terminates the participation in any ULIP plan by purposely terminating the ULIP or in case of failure to pay any contribution payable, before a period of 5 years from purchase of such ULIP, no deduction will be allowed to the assessee in such previous year of policy termination.  Moreover the deduction allowed in past previous years on account of such contributions to ULIP shall be taken asdeemed income in the year of ULIP membership termination.

3.      Transfers his house property before the expiry of 5 years from the end of the financial year in which possession of such property is obtained or receives back, whether by way of refund or otherwise any sum specified in that clause.

4.      Sales or transfers any equity shares or debentures to any person at any time within a period of 3 years from the date of their acquisition (i.e., date on which assessee’s name is entered in the register of members or debenture holders).

2.    Any sum paid or deposited as above need not be out of current year’s income but should not exceed the total income of the relevant previous year. [3]

S. 80CCC: Deduction in Respect of Contribution to certain Pension Funds

Deduction is available in respect of deposit or payment made towards annuity plan of LIC or any other insurer for receiving pension from the fund. 

Persons eligible to get deduction – deduction under this section is available only to individuals. The deduction is available to non residents also. 

Other important points –

1.      The amount must be deposited/paid during the previous year.

2.      The aforesaid amount should be deposited or paid out of income chargeable to tax.

3.      Any amount withdrawn or pension received from the plan is taxable in the hands of the assessee or nominee in the year of receipt.

4.      If deduction is claimed u/s. 80C, in respect of the same investment, deduction is not available u/s. 80CCC.[4]

S. 80CCD: Deduction in Respect of Contribution to Pension Scheme of Central Government

Persons eligible to get deduction – deduction under this section is available only to individuals in the employment of Central Government on or any other employer on or after 1-1-2004. 

Amount of deduction – Aggregate of (a) Amount paid or deposited by the employee and (b) Amount paid or deposited by the Central Government or 10% of Salary, whichever is lower, wherein salary means to include Basic pay and Dearness Allowance only. So, deduction of 20% of salary of the employee may be allowed under this section in respect of contribution of both employee and employer. Any amount received from the scheme either on closure or on the event of opting out of the pension scheme, is taxable in the hands of the assessee or nominee in the year of such receipt.[5]

S. 80D: Deduction in Respect of Medical Insurance Premia

Persons eligible to get deduction – deduction under this section is available only to individuals (maybe resident/non-resident or Indian/Foreign citizen) and HUF (maybe resident or non-resident).

The premium is paid by any mode of payment other than cash and the insurance scheme should be framed by the General Insurance Corporation of India & approved by the Central Govt. or scheme framed by any other insurer and approved by the Insurance Regulatory & Development Authority.

The premium should be paid in respect of health insurance of the assessee or his family members. In case of Individual, Insurance is taken on the health of the Self, Spouse, Dependant Parents or children of the assessee OR in case of HUF Insurance is taken on the health of any member of the family.

Amount of deduction – deduction is available to the extent of Rs, 40,000 (maximum) for medical insurance premium paid by an individual for insuring the health of the individual or spouse, dependent children, or parents of the individual. The limit for deduction for the individual, spouse and children is Rs. 15,000 and for the parents Rs, 15,000. However, in case the individual or spouse is a senior citizen, deduction is available to the extent of Rs. 20,000. A senior citizen is defined as a person resident in India who is of the age of 65 years or more at any time during the relevant previous year.[6]

S. 80DD: Deduction in Respect of Maintenance including Medical Treatment of Dependant Disabled

Persons eligible to get deduction – Resident individual/ HUF

Deduction is available if expenditure is incurred on:

a)      Medical treatment [including nursing], training and rehabilitation of a disabled dependant, or,

b)      Any payment or deposit made under a scheme framed by LIC or any other insurer or the administrator or the specified company and approved by the Board for payment of lump sum amount or annuity for the benefit of dependant with disability.

This deduction will be available only on furnishing along with the return of income a certificate in the prescribed form issued by the prescribed medical authority.

Amount of deduction –

1. Rs. 50,000/- in case of normal disability, irrespective of actual expenditure incurred or
2. Rs. 75,000/- in case of severe disability, irrespective of actual expenditure incurred.

S. 80DDB: Deduction in Respect of Medical Treatment, etc.

Persons eligible to get deduction – Individual or HUF

This deduction is available only for expenditure actually incurred for the medical treatment of such diseases or ailments specified in Income Tax Rule 11DD (some of the diseases are Parkinson's disease, malignant cancers, full blown AIDS, chronic renal failure, etc.). The concerned assessee must attach a copy of certificate in the prescribed form by a neurologist, an oncologist, a urologist, a hematologist, an immunologist or such other specialist working in Government Hospital along with return of income.

Amount of deduction – the amount actually paid is deductible upto a maximum limit of Rs. 40,000. If the concerned person is a senior citizen, the limit is increased to Rs. 60,000.

S. 80E: Deduction in respect of Interest on Loan Taken for Higher Education

Deduction is available to an individual in respect of interest paid on education loan out of his income chargeable to tax, if the following conditions are satisfied:

   The loan is taken for full-time studies of the individual or his/her spouse or children for any graduate or post-graduate course in engineering, medicine, management or for post-graduate course in applied sciences or pure sciences including mathematics and statistics.

    The loan is taken from an approved financial institution or charitable institution.

    The deduction is allowed in the initial assessment year (i.e., the assessment year relevant to the previous year, in which the assessee starts paying the interest on loan) and seven assessment years immediately succeeding the initial assessment year.

S. 80G: Deduction in respect of Donations to Certain Funds, Charitable Institutions, etc.

Any sums paid in the previous year as Donations to certain funds, charitable institutions etc. specified u/s 80G (2) are eligible for deduction.

Persons eligible to get deduction – All assesses [except for donations u/s 80G (2)(c), which is applicable for donations made only by company].

Other important provisions –

1.   The generic and the natural meaning of the word ‘donation’ is that a person gives money to another without any material return, voluntarily and without any consideration. Donation made for purpose of acquiring engineering seat cannot be said to be donation coming within the qualifying net of S. 80G.[7]

2.   Donation in kind is not eligible for deduction.

3.   Donations paid out of another year’s income or out of income not includible in the assessment of current year, are also eligible for deduction.[8]

Amount of deduction –

1.   Certain donations, generally made to funds or institutions set up by Central and State governments of India for the welfare of the public, qualify for 100% deduction. These are specially notified in the Act itself.

2.   Donations made to other funds and institutions qualify for only 50% deduction. Some of these funds and institutions are notified in the Act and the rest are notified separately by CBDT as and when approval is granted to them.

3.   Further, the aggregate donations to certain funds or institutions are restricted to 10% of adjusted gross total income for the purpose of claiming deduction under this section.

S. 80GG – Deduction in respect of Rent Paid for Residence

Person eligible to get deduction – individuals, whether salaried or otherwise, who do not receive house rent allowance may claim deduction under this section in respect of rent paid for residential accommodation.

Conditions –

1.   The Individual should pay rent for his residential accommodation, whether furnished or unfurnished.

2.   The Individual is either self employed or if he is an employee he is neither entitled to any House rent allowance nor a Rent free accommodation.

3.   The assessee should file a declaration in Form No. 10BA along with return of income.

4.   The Individual, his/ her spouse/ minor child/ HUF if which he/ she is a member does not any residential accommodation, at the place where he ordinarily resides or performs duties of his office or employment or carries on his business or profession.

5.   Even if the assessee owns any residential accommodation then it should not be claimed as a self occupied property under Income from House Property head.

Amount of deduction – is the least of the following three:

a)      Rs. 2,000 per month; or

b)      25% of the total income (after allowing all deductions except under this section); or

c)      the excess of actual rent paid over 10% of the total income.

Deduction in respect of Incomes

S. 80QQB: Deduction in respect of Royalty income of authors of certain books other than text books

Person eligible to get deduction – Deduction is available to a resident individual, being an author or joint author, in respect of income derived from the authoring of any book of a literary, artistic or scientific nature, not being brochures, commentaries, diaries, guides, journals, magazines, newspapers, pamphlets, textbooks for schools, tracts and other publications of similar nature. This income may be received either by way of a lump sum consideration or grant of any interest in the copyright of the book OR of royalty or copyright fees in respect of such book.

Amount of deduction –

1.      In case of lump sum consideration:-

• Assignment or grant of any interest in the copyright of any book;  or
• Amount of Royalty or Copyright fees (being a lump sum consideration in lieu of all rights in the book)

                  OR

• A fixed sum of Rs. 3 lakhs, whichever is lower.

2.      Where the royalty income or copyright fee is not received as a lump sum consideration, the income eligible for deduction (before allowing expenses attributable to such income) shall not exceed 15% of the value of books sold during the previous year

                 OR

• A fixed sum of Rs. 3 lakhs, whichever is lower

Other Important Conditions –

    For claiming deduction, the individual has to furnish a certificate in the prescribed form duly verified by the person making payment along with the return of income.

    If the royalty is earned outside India, such income should be brought into India in convertible foreign exchange within a period of six months from the end of the previous year in which such income is earned or within such further period as the Reserve Bank of India may allow.

S. 80 RRB: Deduction in respect of Royalty on patents

Person eligible – This section allows deduction to a resident individual in respect of income by way of royalty of a patent registered on or after 1 April 2003. For claiming this deduction, the individual must be registered as the true and first inventor (patentee) in respect of an invention under the Patents Act, 1970, including the co-owner of the patent.

The maximum amount of exemption is Rs. 3, 00, 000. This exemption shall be restricted to the royalty income only. This may include any consideration for transfer of rights in the patent or for providing information for its working or use but should not include any consideration which may be chargeable as capital gains or any consideration for sale of a product manufactured with the use of the patented process or patented article.

If such income is earned from outside India, the deduction shall be restricted to the amount brought to India in convertible foreign exchange within 6 months.

For claiming deduction, the individual has to furnish a certificate from the prescribed authority along with the return of income.

Other Deductions

Deduction in the case of a person with disability [S. 80 U]

In contrast to the deduction available in respect of disabled or handicapped dependents, this section provides deduction to the disabled individual himself. The individual must be resident in India (maybe a citizen of India or foreign country) and must be certified by the prescribed medical authority, at any time during the previous year, to be a person with specified disability. A non-resident Indian (NRI) cannot claim deduction u/s 80 U. Also, a Hindu Undivided Family (HUF) cannot claim deduction u/s 80 U.

Disability has the same meaning assigned to it in Section 2(i) of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It includes the following:

• Blindness
• Low vision
• Leprosy-cured
• Hearing impairment
• Locomotors disability
• Mental retardation
• Mental illness

It also includes autism, cerebral palsy and multiple disabilities. A person with disability means a person suffering from not less than 40% of any of the above disabilities. Severe disability means 80% or more of one or more of the above disabilities.

The amount of deduction is Rs. 50,000 in respect of a person with disability; and Rs. 75,000 in respect of a person with severe disability.

Conclusion

Thus, we have seen that there are various deductions available to an individual under the Income Tax Act, 1961. These should not exceed the gross total income and for claiming each a set of conditions need to be fulfilled. The law is pretty clear on deductions and there is not much scope for interpretation. Usually the widest possible scope is given to the sections concerned with disability as these are related with social welfare. Double deduction is not allowed.

Bibliography

Primary Sources

Income Tax Act, 1961

Secondary Sources

Vinod Singhania & Dr. Kapil Singhania (2008-09) Direct Taxes Law & Practice, 40^thed., Taxmann Publications (P) Ltd, New Delhi.

Pricewaterhouse Coopers India (2008/09) India Master Tax Guide, 2^nd ed., Wolter Kluwer (India) Pvt. Ltd., New Delhi.

K. Chaturvedi & S.M. Pithisaria (2010) Companion to Chaturvedi & Pithisaria’sIncome Tax Law, 5^th ed., Vol. 6A (Part 2), LexisNexis Butterworths Wadhwa Nagpur, Gurgaon.

N.L. Choudhary, et al (2009-10) Income Tax – Law & Accounts, Choudhary Prakashan, Jaipur.

Kunal A. Desai, Deductions under Chapter VIA, January 22, 2010, Available at: http://www.investingmantra.com/2010/01/deductions.html.

Deductions,IndiaTaxes.com, http://www.indiataxes.com/Information/incometax/contents/deductionchapter/section_80c.htm

[1] S. 80B(5) of the Income Tax Act, 1961.

[2] http://www.indiataxes.com/Information/incometax/contents/deductionchapter/section_80c.htm

[3] http://www.indiataxes.com/Information/incometax/contents/deductionchapter/section_80c.htm

[4] Vinod Singhania & Dr. Kapil Singhania (2008-09) Direct Taxes Law & Practice, 40^th ed., Taxmann Publications (P) Ltd, New Delhi, p.623.

[5] N.L. Choudhary, et al (2009-10) Income Tax – Law & Accounts, Choudhary Prakashan, Jaipur, p. 654-655.

[6] Pricewaterhouse Coopers India (2008/09) India Master Tax Guide, 2^nd ed., Wolter Kluwer (India) Pvt. Ltd., New Delhi, p.342.

[7] Manoj  Kumar v. ITO [2003] SOT 412 (Hyd.)

[8] Vinod Singhania & Dr. Kapil Singhania (2008-09) Direct Taxes Law & Practice, 40^th ed., Taxmann Publications (P) Ltd, New Delhi, p. 632