Professional Documents
Culture Documents
1) Mr. D, who is business head for Asia Pacific regions for a private firm. Mr. D was born and brought up in
India. He has to travel to various locations of the continent for business purposes. He has spent 200
days travelling in the FY 2021-22. Also, he has been travelling abroad from the past 4 years and has
stayed out of India for about 400 days in this period. (a) Let us evaluate whether Mr. D was resident in
India for the current financial year. (b) if Mr. D has satisfied as resident of India. Let us further classify
whether Mr. D is ROR or RNOR.(c) If Mr D had been in India for 400 days in the last 9 years and he has
been a resident Indian till FY 2013-14.
2) Ms. A, who is working as a crew of ship for a private firm. She was born and brought up in India. She
has to travel to various locations on crew . She has spent 280 days travelling in the FY 2021-22. Also,
he has been travelling abroad every year and has stayed out of India for about 100 days in last 4 years.
(a) Let us evaluate whether she was resident in India for the current financial year.
(b) If Ms. A has satisfied as resident of India. Let us further classify whether Ms. A is ROR or RNOR.
3) Bret Lee, Australian cricketer visits India for 100 days in every financial year, since the last 11 years.
Find his residential status for AY 2022-23. If Bret Lee has satisfied as resident of India. Let us further
classify whether he is ROR or RNOR.
4) Mr B is a Ukranian citizen, he comes to India for 1st time in PY 2015-16 During PY 2015-16 , 2016-17,
2017-18, 2018-19, 2019-20, 2020-21 stay in India is 100, 55, 60, 90 150, and 72 days. Determine his
residential status.
5) Ms. X is Indian citizen residing in Russia since last 25 years. She earns rental Income from a property
at Delhi INR 1 Crore every year since FY 2016-17. Determine her residential status if her stay in India
was as under :
• The person must be living in a rented house. HRA tax calculations cannot be made for living in
your own house.
• You should be able to produce a proof for rent paid such as a valid house rent receipt.
This means that if you do not pay rent, you cannot claim an HRA deduction even if your
employer pays you HRA as part of your salary.
•
3. HRA Calculation Formula With Example
HRA calculations are based on a number of factors, including your salary, the HRA you receive from
your employer, the actual rent you pay, and whether you live in a metro or a non-metro city. However,
when computing the HRA tax calculation, the amount of exemption will be the lowest of:
• The HRA your employer pays you
• 50% of basic salary plus dearness allowance if you live in a metro city (Mumbai, Delhi, Kolkata,
or Chennai) or 40% of basic salary plus dearness allowance if you live in a non-metro city
The house rent allowance calculation or HRA formula is to calculate the three aspects above
and claim the lowest as HRA deduction under Section 10(13A) of the ITA.
Consider the following example for a better understanding of the HRA formula:
Mr. Gopal Ramanath lives and works in Pune. He has a rented accommodation, paying Rs. 7,000 per
month. His monthly salary is Rs. 45,000, with the following break up:
HRA 8,500
Allowances 8,500
PF 3,000
• An annual rent of ₹84,000 that he actually pays. However, we need to apply the HRA
percentage formula, which is actual rent minus 10% of basic pay. This comes to ₹54,000
(₹7,000 x 12 - ₹30,000 = ₹54,000)
• Pune is a non-metro city. Therefore, 40% of basic salary would amount to ₹1,20,000 (40% x
₹3,00,000 = ₹1,20,000).
The maximum deduction that Mr. Ramanath can claim under section 80C of the ITA as HRA deduction
would be the lowest of the three amounts, ₹54,000.
The remaining ₹48,000 of the HRA allowance will be taxable as per Mr. Ramanath's income tax slab. If
you are still not convinced that you can calculate your HRA using pen and paper, don't worry you can
use the free online HRA Calculator instead.
4. How is HRA Taxed in India?
HRA exemption rules state that HRA deduction is only allowed for salaried and self-employed
individuals who live in rented accommodation. This means that even if your salary structure has an
HRA section or component if you are not paying rent, the entire amount will become taxable.
Taking Mr. Ramanath's example, if he did not pay rent, then the HRA of Rs. 84,000 paid to him by his
employer would be taxed under his applicable income tax bracket.
For self-employed individuals who do not receive an HRA component, HRA rules allow the benefit of
claiming HRA exemption under Section 80GG of the ITA. This is the route that even salaried individuals
paying rent can take in case their employer does not pay HRA.
Therefore, while calculating HRA exemption, it is important to understand whether you can claim the
deduction under Section 10(13A) or Section 80GG of the ITA.
5. Tax Benefits of HRA
HRA deduction under Section 10(13A) of the ITA has the following benefits:
• The biggest advantage of the HRA rebate is that it reduces your taxable income.
• You can claim deduction on HRA in income tax filing even if you live with your parents, as long
as you produce proof of paying rent.
• You can claim HRA tax benefit even while paying EMI on a home loan as long as the house is
not located in the city of employment/ residence. In case you own a house in the same city as
employment and living, you will need to produce a valid explanation as to why you cannot live
there in order to claim the HRA exemption.
• The entire HRA paid to you cannot be claimed as an exemption. The lowest of annual rent
actually paid minus 10% of basic salary, HRA paid by the employer and 40%/50% of salary
depending on where you stay can only be claimed.
• For HRA calculation purposes, only Mumbai, Delhi, Chennai, and Kolkata are considered metro
cities. All others are non-metro cities.
• You can claim an HRA deduction even if you are staying with your parents, as long as you
produce proof of rent payment, such as rental receipts or bank transfers. However, your
parents will need to show this as income while filing their returns.
• If the annual rent paid exceeds ₹1,00,000, then the landlord's PAN will be required to claim
HRA exemption. If they do not have a PAN, a signed declaration will be required.
For instance, let us assume that Ms. Gayathri Nair, living in Chennai, is self-employed and makes an
annual gross total income of Rs. 6,00,000. She pays rent of Rs. 20,000 a month. The tax exemption
she can claim under Section 80GG while filing her taxes is the lowest of:
• ₹60,000
• Actual annual rent minus 10% of income, which is ₹2,40,000 - ₹60,000 = ₹1,80,0000
Finally, the deduction Ms. Nair can claim under Section 80GG of ITA is ₹60,000.
When understanding the difference between what is HRA and the deduction claimed under Section
80GG, here are some points to keep in mind:
• Deduction under Section 80GG is available only for those who do not receive HRA. This
includes members of Hindu Undivided Families, self-employed people, and salaried individuals
who do not receive HRA from their employer.
• You cannot claim deduction under both Section 10(13A) and Section 80GG
• Just like under Section 10(13A), the individual, their spouse, or minor child cannot own property
in the city of residence to claim the benefit.
• Individuals seeking to claim this deduction will have to submit a form 10-BA which is a self-
declaration stating that they meet all conditions mentioned above.
Income Tax exemption for Leave Travel Allowance is available u/s 10(5) from an amount received
by an employee from his employer for himself or his family. This exemption is only allowed if the
amount received is in relation to:-
2. Any place in India after retirement from service or after the termination of his service
Given below is a list of expenses that is exempted under Leave Travel Allowance
• Travel by air- Economic air fare by the shortest route or amount spent will be exempted
depending on whichever is lesser.
• Travel by rail- A.C. first class fare by the shortest route or the amount spent on travel will be
exempted depending on whichever is lesser.
• Place of origin and destination place of journey connected by rail but journey performed by
other mode of transport
• Place of origin & destination not connected by rail(partly/fully) but connected by other
recognised Public transport system
• Place of origin & destination not connected by rail(partly/fully) and not connected by other
recognised Public transport system also
The taxpayer can claim exemption in respect of any 2 journeys in a block of 4 years. The Income
Tax Department has created block of 4 years each and in each block, the exemption can be claimed
twice.
The block of years during which exemption can be claimed twice are:-
Please note that he can carry forward the exemption of 1 journey only to the next year and not to the
next block. For eg: If a taxpayer has only claimed a single exemption in the 7 th Block i.e. 2010-13,
he can carry forward this exemption to the next year i.e. 2014 and can claim this exemption only in
the year 2014. The original 2 exemptions for 2014-17 would also continue to be there.
1. In case the LTA is encashed without performing the journey, no LTA Exemption would be allowed
2. Family for this purpose means the spouse and 2 children of the employee. It also includes
parents, brothers & sisters of the employee who are wholly or mainly dependent upon him
3. The exemption can be availed for the journey undertaken while on leave during the tenure of
4. It is not necessary that the family members should perform the journey along with the employee
concerned.
5. LTA Exemption is only available only in respect of fare. Any other amount received from the
employer for the purpose of boarding and lodging or for any other purpose will not qualify for
deduction.
The Leave Travel Allowance (LTA)/Leave Travel Concession (LTC) amount computed above is
allowed as an exemption for income tax purposes. Your employer may pay you a different amount
depending on your position in the organisation.
2) Income from house properties
35AB Lump sum payment made in any previous year relevant All Assessee
to assessment year commencing on or before 1-4-1998,
for acquisition of technical know-how [consideration for
acquisition to be deducted in six equal annual
instalments (3 equal annual instalments where know-
how is developed in certain laboratories, universities and
institutions)]
35ABA Capital expenditure incurred and actually paid for All Assessee engaged
acquiring any right to use spectrum for in telecommunication
telecommunication services shall be allowed as services
deduction over the useful life of the spectrum in equal
instalments
35ABB Expenditure incurred for obtaining licence to operate All Asseesse
telecommunication services either before
commencement of such business or thereafter at any
time during any previous year
35AD Capital expenditure incurred, wholly and exclusively, for All assessees
the purpose of any specified business [setting up and Note: Such deduction is
operating a cold chain facility; setting up and operating a available to Indian
warehousing facility for storage of agricultural produce; company in case of
laying and operating a cross-country natural gas or crude following business,
or petroleum oil pipeline network for distribution, namely;- i) Business of
including storage facilities being an integral part of such laying and operating a
network; building and operating, anywhere in India, a cross-country natural
hotel of two-star or above category as classified by the gas or crude or
Central Government; building and operating, anywhere petroleum oil pipeline
in India, a hospital with at least one hundred beds for network. ii) Developing
patients; developing and building a notified housing or maintaining and
project under a scheme for slum redevelopment or operating or developing,
rehabilitation framed by the Government, maintaining and
operating a new
infrastructure facility.
B. Non-deductible items
C. Other-deductible items
4) Capital Gains
48(i) Expenditure incurred wholly and exclusively in connection with transfer All
of capital asset Asseessee
48(ii) Cost of acquisition of capital asset and of any improvement thereto All
(indexed cost of acquisition and indexed cost of improvement, in case Asseessee
of long-term capital assets)
54 Long-term capital gains on sale of residential house and land Individual/
appurtenant thereto invested in purchase/construction of another HUF
residential house
54B Capital gains on transfer of land used for agricultural purposes, by an Individual/
individual or his parents or a HUF, invested in other land for HUF
agricultural purposes
54D Capital gains on compulsory acquisition of land or building forming part Any
of an industrial undertaking invested in purchase/construction of other assessee
land/building for shifting/re-establishing said undertaking or setting up
new industrial undertaking
54EE Long-term capital gain invested in long-term specified assets being Any
units of such fund as may be notified by Central Government to assessee
finance start-ups
54F Net consideration on transfer of long-term capital asset other than Individual/
residential house invested in residential house * HUF
With effect from Assessment Year 2020-21, a taxpayer has an option
to make investment in two residential house properties in India. This
option can be exercised by the taxpayer only once in his lifetime
provided the amount of long-term capital gain does not exceed Rs. 2
crores.
54G Capital gain on transfer of machinery, plant, land or building used for Any
the purposes of the business of an industrial undertaking situate in an assessee
urban area (transfer being effected for shifting the undertaking to a
non-urban area) invested in new machinery, plant, building or land, in
the said non-urban area, expenses on shifting, etc.
54GA Exemption of capital gains on transfer of assets in cases of shifting of All
industrial undertaking from urban area to any Special Economic Zone Asseessee
54GB Exemption in respect of capital gain arising from the transfer of a long- Individual/
term capital asset, being a residential property (a house or a plot of HUF
land), owned by the eligible assessee, and such assessee before the
due date of furnishing of return of income under sub-section (1)
of section 139 utilises the net consideration for subscription in the
equity shares of an eligible company and such company has, within
one year from the date of subscription in equity shares by the
assessee, utilised this amount for purchase of specified new asset
57(i) Any reasonable sum paid by way of commission or remuneration for All
purpose of realising dividend. Asseessee
Any reasonable sum paid by way of commission or remuneration for
the purpose of realising interest on securities
57(ia) Contributions to any provident fund or superannuation fund or any fund All
set up under Employees’ State Insurance Act, 1948 or any other fund Asseessee
for welfare of employees, if the same are credited to employees’
accounts in relevant funds before due date
57(ii) Repairs, insurance, and depreciation of Assessees engaged in business of
building, plant and machinery and furniture letting out of machinery, plant and
furniture and buildings on hire
57(iia) In case of family pension, 331/3 per cent of Assessees in receipt of family
such pension or Rs. 15,000, whichever is pension on death of employee being
less member of assessee’s family
57(iii) Any other expenditure (not being capital expenditure) expended wholly All
and exclusively for earning such income Asseessee
57(iv) In case of interest received on compensation or on enhanced All
compensation referred to in section 145A(2), a deduction of 50 per Assessee
cent of such income
B. Non-deductible items
■ Tuition fees (excluding development fees, donations, etc.) paid by an individual to any
university, college, school or other educational institution situated in India, for full time education
of any 2 of his/her children
■ Certain payments for purchase/construction of residential house property
■ Subscription to notified schemes of (a) public sector companies engaged in providing long-
term finance for purchase/construction of houses in India for residential purposes/(b) authority
constituted under any law for satisfying need for housing accommodation or for planning,
development or improvement of cities, towns and villages, or for both
■ Sum paid towards notified annuity plan of LIC (New Jeevan Dhara/New Jeevan Dhara-I/New
Jeevan Akshay/New Jeevan Akshay-I/New Jeevan Akshay-II/Jeewan Akshay-III plan of LIC) or
other insurer
■ Subscription to any units of any notified [u/s 10(23D)] Mutual Fund or the UTI (Equity Linked
Saving Scheme, 2005)
■ Contribution by an individual to any pension fund set up by any mutual fund which is referred
to in section 10(23D) or by the UTI (UTI Retirement Benefit Pension Fund)
■ Subscription to equity shares or debentures forming part of any approved eligible issue of
capital made by a public company or public financial institutions
■ Subscription to any units of any approved mutual fund referred to in section 10(23D), provided
amount of subscription to such units is subscribed only in ‘eligible issue of capital’ referred to
above.
■ Term deposits for a fixed period of not less than 5 years with a scheduled bank, and which is
in accordance with a scheme11 framed and notified.
Notes:
1. Deduction is limited to whole of the amount paid or deposited subject to a maximum of Rs.
1,50,000. This maximum limit of Rs. 1,50,000 is the aggregate of the deduction that may be
claimed under sections 80C, 80CCC and 80CCD.
2. The sums paid or deposited need not be out of income chargeable to tax of the previous year.
Amount may be paid or deposited any time during the previous year, but the deduction shall be
available on so much of the aggregate of sums as do not exceed the total income chargeable to
tax during the previous year.
3. Life Insurance premium is part of gross qualifying amount for the purpose of deduction under
section 80C. Payment of premium which is in excess of 10 per cent (if policy is issued on or after
1-4-2012, 15% in case of insurance on life of person with disability referred to in section 80U or
suffering from disease or ailment specified in section 80DDB/rule 11DD) of actual capital sum
assured shall not be included in gross qualifying amount. The value of any premiums agreed to
be returned or of 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, shall not be taken
into account for the purpose of calculating the actual capital sum assured. The limit of 10 per
cent will be applicable only in the case of policies issued on or after 1-4-2012. In respect of
policies issued prior to 1-4-2012, the old limit of 20 per cent of actual sum assured will be
applicable.
With effect from 1-4-2013, ‘actual capital sum assured’ in relation to a life insurance policy shall
mean the minimum amount assured under the policy on happening of the insured event at any
time during the term of the policy, not 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. 4. Where, in any
previous year, an assessee— (i) 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 two years after the date
of commencement of insurance; or (b) in any other case, before premiums have been paid for
two years; or (ii) terminates his participation in any unit-linked insurance plan (ULIP), 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
five years; or (iii) transfers the house property before the expiry of five 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,— (a) no deduction shall be
allowed to the assessee with reference to any of such sums, paid in such previous year; and (b)
the aggregate amount of the deductions of income so allowed in respect of the previous year or
years preceding such previous year, shall be deemed to be the income of the assessee of such
previous year and shall be liable to tax in the assessment year relevant to such previous year. If
any equity shares or debentures, with reference to the cost of which a deduction is allowed, are
sold or otherwise transferred by the assessee to any person at any time within a period of three
years from the date of their acquisition, the aggregate amount of the deductions of income so
allowed in respect of such equity shares or debentures in the previous year or years preceding
the previous year in which such sale or transfer has taken place shall be deemed to be the
income of the assessee of such previous year and shall be liable to tax in the assessment year
relevant to such previous year. A person shall be treated as having acquired any shares or
debentures on the date on which his name is entered in relation to those shares or debentures in
the register of members or of debenture-holders, as the case may be, of the public company.
Rebates
Form 16 is a certificate (issued under section 203 of the Income Tax deducted at source (TDS) by the
employer and submitted by them to the Income Tax Department (IT Department). It details how much
tax the employer deducted and when it was submitted to the IT department.
How many parts does Form 16 have?
It has two parts – Part A and Part B. Part A has information of the employer & employee, like name &
address, PAN and TAN details, the period of employment, details of TDS deducted & deposited with
the government. Part B includes details of salary paid, other incomes, deductions allowed, tax payable
etc.
The Form 16 is only for salary income the Form 16A is applicable for TDS on income sources apart
from salary.
Form 16A will be issued by when TDS is deducted for fixed deposits, for TDS deducted on insurance
commissions, on rent receipts, or any other income you may receive on which TDS is deductable.
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80G. (1) In computing the total income of an assessee, there shall be deducted, in
accordance with and subject to the provisions of this section,—
(i) in a case where the aggregate of the sums specified in sub-section (2) includes
any sum or sums of the nature specified in sub-clause (i) or in sub-clause (iiia) or
in sub-clause (iiiaa) or in sub-clause 45[(iiiab) or in sub-clause (iiib)] or in sub-
clause (iiie) or in sub-clause (iiif) or in sub-clause (iiig) or in sub-clause (iiiga) or
sub-clause (iiih) or sub-clause (iiiha) or sub-clause (iiihb) or sub-clause (iiihc) or
sub-clause (iiihd) or sub-clause (iiihe) or sub-clause (iiihf) or sub-clause (iiihg) or
sub-clause (iiihh) or sub-clause (iiihi) or sub-clause (iiihj) or 46[sub-clause (iiihk)
or sub-clause (iiihl) or] 47[sub-clause (iiihm) or] in sub-clause (vii) of clause (a) or
in clause (c) or in clause (d) thereof, an amount equal to the whole of the sum or,
as the case may be, sums of such nature plus fifty per cent of the balance of such
aggregate; and
(ii) in any other case, an amount equal to fifty per cent of the aggregate of the
sums specified in sub-section (2).
(2) The sums referred to in sub-section (1) shall be the following, namely :—
(a) any sums paid by the assessee in the previous year as donations to—
(ii) the Jawaharlal Nehru Memorial Fund referred to in the Deed of Declaration of
Trust adopted by the National Committee at its meeting held on the 17th day of
August, 1964; or
(iiic) the Indira Gandhi Memorial Trust, the deed of declaration in respect whereof was
registered at New Delhi on the 21st day of February, 1985; or
(iiid) the Rajiv Gandhi Foundation, the deed of declaration in respect whereof was
registered at New Delhi on the 21st day of June, 1991; or
(iiig) the Maharashtra Chief Minister's Relief Fund during the period beginning on the
1st day of October, 1993 and ending on the 6th day of October, 1993 or to the
Chief Minister's Earthquake Relief Fund, Maharashtra; or
(iiiga) any fund set up by the State Government of Gujarat exclusively for providing
relief to the victims of earthquake in Gujarat; or
(iiih) any Zila Saksharta Samiti constituted in any district under the chairmanship of the
Collector of that district for the purposes of improvement of primary education in
villages and towns in such district and for literacy and post-literacy activities.
Explanation.—For the purposes of this sub-clause, "town" means a town which has
a population not exceeding one lakh according to the last preceding census of
which the relevant figures have been published before the first day of the previous
year ; or
(iiiha) the National Blood Transfusion Council or to any State Blood Transfusion
Council which has its sole object the control, supervision, regulation or
encouragement in India of the services related to operation and requirements of
blood banks.
(a) "National Blood Transfusion Council" means a society registered under the
Societies Registration Act, 1860 (21 of 1860) and has an officer not below the rank
of an Additional Secretary to the Government of India dealing with the AIDS
Control Project as its Chairman, by whatever name called;
(iiihb) any fund set up by a State Government to provide medical relief to the poor; or
(iiihc) 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
welfare of the past and present members of such forces or their dependants; or
(iiihd) the Andhra Pradesh Chief Minister's Cyclone Relief Fund, 1996; or
(a) the only Fund of its kind established in the State or the Union territory, as the
case may be;
(b) under the overall control of the Chief Secretary or the Department of Finance
of the State or the Union territory, as the case may be;
(iiihi) the Fund for Technology Development and Application set up by the Central
Government; or
(iiihj) the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities constituted under sub-section (1) of section 3
of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities Act, 1999 (44 of 1999); or
49
[(iiihk) the Swachh Bharat Kosh, set up by the Central Government, other than the sum
spent by the assessee in pursuance of Corporate Social Responsibility under sub-
section (5) of section 135 of the Companies Act, 2013 (18 of 2013); or
(iiihl) the Clean Ganga Fund, set up by the Central Government, where such assessee is
a resident and such sum is other than the sum spent by the assessee in pursuance
of Corporate Social Responsibility under sub-section (5) of section 135 of the
Companies Act, 2013 (18 of 2013); or]
(iiihm) the National Fund for Control of Drug Abuse constituted under section 7A of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or
(iv) any other fund or any institution to which this section applies; or
(v) the Government or any local authority, to be utilised for any charitable purpose
other than the purpose of promoting family planning; or
(vi) an 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;
(vii) the Government or to any such local authority, institution or association as may be
approved in this behalf by the Central Government, to be utilised for the purpose of
promoting family planning;
(b) any sums paid by the assessee in the previous year as donations for the
renovation or repair of any such temple, mosque, gurdwara, church or other place
as is notified by the Central Government in the Official Gazette to be of historic,
archaeological or artistic importance or to be a place of public worship of renown
throughout any State or States;
(c) any sums paid by the assessee, being a company, in the previous year as
donations to the Indian Olympic Association or to any other association or
institution established in India, as the Central Government may, having regard to
the prescribed guidelines50, by notification in the Official Gazette, specify in this
behalf for—
in India;
(d) any sums paid by the assessee, during the period beginning on the 26th day of
January, 2001 and ending on the 30th day of September, 2001, to any trust,
institution or fund to which this section applies for providing relief to the victims
of earthquake in Gujarat.
(4) Where the aggregate of the sums referred to in sub-clauses (iv), (v), (vi), (via)
and (vii) of clause (a) and in clauses (b) and (c) of sub-section (2) exceeds ten per
cent of the gross total income (as reduced by any portion thereof on which income-
tax is not payable under any provision of this Act and by any amount in respect of
which the assessee is entitled to a deduction under any other provision of this
Chapter), then the amount in excess of ten per cent of the gross total income shall
be ignored for the purpose of computing the aggregate of the sums in respect of
which deduction is to be allowed under sub-section (1).
(5) This section applies to donations to any institution or fund referred to in sub-
clause (iv) of clause (a) of sub-section (2), only if it is established in India for a
charitable purpose and if it fulfils the following conditions, namely :—
(i) where the institution or fund derives any income, such income would not be
liable to inclusion in its total income under the provisions of sections 11 and 12 or
clause (23AA) or clause (23C) of section 10 :
Provided that where an institution or fund derives any income, being profits and
gains of business, the condition that such income would not be liable to inclusion
in its total income under the provisions of section 11 shall not apply in relation to
such income, if—
(a) the institution or fund maintains separate books of account in respect of such
business;
(b) the donations made to the institution or fund are not used by it, directly or
indirectly, for the purposes of such business; and
(c) the institution or fund issues to a person making the donation a certificate to
the effect that it maintains separate books of account in respect of such business
and that the donations received by it will not be used, directly or indirectly, for the
purposes of such business;
(ii) the instrument under which the institution or fund is constituted does not, or
the rules governing the institution or fund do not, contain any provision for the
transfer or application at any time of the whole or any part of the income or assets
of the institution or fund for any purpose other than a charitable purpose;
(iii) the institution or fund is not expressed to be for the benefit of any particular
religious community or caste;
(iv) the institution or fund maintains regular accounts of its receipts and
expenditure;
(vii) where any institution or fund had been approved under clause (vi) for the previous
year beginning on the 1st day of April, 2007 and ending on the 31st day of March,
2008, such institution or fund shall, for the purposes of this section and
notwithstanding anything contained in the proviso to clause (15) of section 2, be
deemed to have been,—
(a) established for charitable purposes for the previous year beginning on the 1st
day of April, 2008 and ending on the 31st day of March, 2009; and
(b) approved under the said clause (vi) for the previous year beginning on the 1st
day of April, 2008 and ending on the 31st day of March, 2009.
(5A) Where a deduction under this section is claimed and allowed for any
assessment year in respect of any sum specified in sub-section (2), the sum in
respect of which deduction is so allowed shall not qualify for deduction under any
other provision of this Act for the same or any other assessment year.
(5C) This section applies in relation to amounts referred to in clause (d) of sub-
section (2) only if the trust or institution or fund is established in India for a
charitable purpose and it fulfils the following conditions, namely :—
(ii) it maintains separate accounts of income and expenditure for providing relief
to the victims of earthquake in Gujarat;
(iii) the donations made to the trust or institution or fund are applied only for
providing relief to the earthquake victims of Gujarat on or before the 31st day of
March, 2004;
(iv) the amount of donation remaining unutilised on the 31st day of March, 2004 is
transferred to the Prime Minister's National Relief Fund on or before the 31st day
of March, 2004;
(v) it renders accounts of income and expenditure to such authority 52 and in such
manner as may be prescribed53, on or before the 30th day of June, 2004.
(5D) No deduction shall be allowed under this section in respect of donation of any
sum exceeding two thousand rupees unless such sum is paid by any mode other
than cash.
(i) that, subsequent to the donation, any part of the income of the institution or
fund has become chargeable to tax due to non-compliance with any of the
provisions of section 11, section 12 or section 12A;
(ii) that, under clause (c) of sub-section (1) of section 13, the exemption
under section 11 or section 12 is denied to the institution or fund in relation to any
income arising to it from any investment referred to in clause (h) of sub-section (2)
of section 13 where the aggregate of the funds invested by it in a concern referred
to in the said clause (h) does not exceed five per cent of the capital of that concern.
Explanation 3.—In this section, "charitable purpose" does not include any purpose
the whole or substantially the whole of which is of a religious nature.
(6) [* * *]
Section 80G – Donations
Deduction for donations towards Social Causes
The various donations specified in u/s 80G are eligible for deduction up to either 100% or
50% with or without restriction.
From FY 2017-18 any donations made in cash exceeding Rs 2,000 will not be
allowed as deduction. The donations above Rs 2000 should be made in any mode
other than cash to qualify for 80G deduction. Donations in kind are not allowed as a
deduction.
80CCC For amount deposited in annuity plan of LIC or any other insurer for a pension –
from a fund referred to in Section 10(23AAB)
80TTB Exemption of interest from banks, post office, etc. Applicable only to senior Maximum up to
citizens 50,000
80GG For rent paid when HRA is not received from employer Least of :
– Rent paid minus
10% of total income
– Rs. 5000/- per
month
Allowed Limit
(maximum) FY
Section Deduction on 2021-22
– 25% of total
income
80EE Interest on home loan for first time home owners Rs 50,000
80DD Medical treatment for handicapped dependent or payment to specified scheme – Rs. 75,000
for maintenance of handicapped dependent – Rs. 1,25,000
– Disability is 40% or more but less than 80%
– Disability is 80% or more
80DDB Medical Expenditure on Self or Dependent Relative for diseases specified in Rule – Lower of Rs 40,000
11DD or the amount
– For less than 60 years old actually paid
– For more than 60 years old – Lower of Rs
1,00,000 or the
amount actually
paid