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Section Nature of Deduction Who Can Claim: Deductions (AY 2016-17)
Section Nature of Deduction Who Can Claim: Deductions (AY 2016-17)
DEDUCTIONS
[AY 2016-17]
Section
Nature of deduction
(1)
(2)
(3)
Against 'salaries'
16(ii)
Government employees
16(iii)
Employment tax
Salaried assessees
23(1), first
proviso
All assessees
24(a)
All assessees
24(b)
All assessees
25B
30
All assessees
31
All assessees
2
machinery, plant and furniture
32(1)(i)
Taxpayer engaged in
business of generation or
generation and distribution of
power.
32(1)(ii)
32(1)(iia)
Proviso to
3
Section
32(1)(iia)
Note:
1. Manufacturing unit should be set-up on or after April
1, 2015.
2. New plant and machinery should be acquired and
installed on or after April 1, 2015 but before April 1,
2020.
32AC
Company engaged in
business of manufacturing or
production of any article or
thing.
Note:
Deduction shall be available if actual cost of new plant and
machinery acquired and installed by the company during
the previous year exceeds Rs. 25/100 Crores, as the case
may be
32AD
Note:
1. New asset should be acquired and installed on or
after April 1, 2015 but before April 1, 2020.
2. Manufacturing unit should be set-up on or after April
1, 2015.
3. Deduction shall be allowed under Section 32AD in
addition to deduction under Section 32AC if assessee
fulfils the specified conditions.
33A
4
should have been completed before 1-4-1990)
33AB
Assessees engaged in
business of growing and
manufacturing
tea/Coffee/Rubber in India
33ABA
Assessee carrying on
business of prospecting for,
or extraction or production of,
petroleum or natural gas or
both in India
35(1)(i)
All assessee
Note:
Expenditure on scientific research incurred within 3 years
before commencement of business (in the nature of
purchase of materials and salary of employees other than
perquisite) is allowed as deduction in the year of
commencement of business to the extent certified by
prescribed authority.
35(1)(ii)
All assessee
35(1)(iia)
All assessee
35(1)(iii)
All assessee
35(1)(iv)
read with
35(2)
All assessee
5
conditions)
Capital expenditure incurred within 3 years before
commencement of business is allowed as deduction in the
year of commencement of business.
Note:
i. Capital expenditure excludes land and any interest in
land;
ii. No depreciation shall be allowed on such assets.
35(2AA)
All assessee
35(2AB)
Company engaged in
business of bio-technology or
in any business of
manufacturing or production
of eligible articles or things
Note:
i. Company should enter into an agreement with the
prescribed authority for co-operation in such
research and development and fulfils such conditions
with regard to maintenance of accounts and audit
thereof and furnishing of reports in such manner as
may be prescribed;
ii. Deduction under this provision would be allowed only
up to 31-3-2017.
35A
All assessees
35AB
Lump sum payment made in any previous year relevant to All assessees
assessment year commencing on or before 1-4-1998, for
acquisition of technical know-how [consideration for
6
acquisition to be deducted in six equal annual instalments
(3 equal annual instalments where know-how is developed
in certain laboratories, universities and institutions)]
(subject to certain conditions)
35ABB
All assessees
35AC
All assessees
35AD
35CCA
All assessees
35CCB
All assessees
7
35CCC
All assessees
35CCD
A company
35D
35DD
Indian Company
35DDA
All assessees
35E
36(1)(i)
36(1)(ia)
36(1)(ib)
36(1)(ii)
All assessees
36(1)(iii)
All assessees
8
36(1)(iiia)
All assessees
36(1)(iv)
36(1)(iva)
36(1)(v)
36(1)(va)
36(1)(vi)
All assessees
36(1)(vii)4
All assessees
36(1)(viia)
9
Industrial Investment Corporations in any of the two
consecutive assessment years 2003-04 and 2004-05 subject to certain conditions) of total income before
making any deduction under this clause and Chapter
VI-A
corporations/State industrial
investment corporations
36(1)(viii)
36(1)(ix)
Companies
36(1)(xi)
All assessees
36(1)(xii)
36(1)(xiii)
All assessees
36(1)(xiv)
10
36(1)(xv)
All assessees
36(1)(xvi)
36(1)(xvii)
37(1)
All assessees
B. Non-deductible items
37(2B)
40(a)(i)
40(a)(ia)
All assessees
11
work (including supply of labour for carrying out any
work)8, on which tax is deductible at source under Chapter
XVII-B and such tax has not been deducted or, after
deduction, has not been paid on or before the due date
specified in sub-section (1) of section 139.
40(a)(ii)
Rate or tax levied on the profits or gains of any business or All assessees
profession
40(a)(iia)
Wealth-tax paid
40(a)(iib)
40(a)(iii)
Salaries payable outside India, or in India to a nonresident, on which tax has not been paid/deducted at
source
40(a)(iv)
40(a)(v)
40(b)
Firms
40(ba)
Association of persons or
body of individuals (except a
company or a co-operative
society, society registered
All assessees
12
under Societies Registration
Act, etc.)
40A(2)
All assessees
40A(3)
All assessees
40A(7)
40A(9)
42(1)
Assessees engaged in
prospecting for or extraction
or production of mineral oils
42(2)
43B
13
employees, (iv) interest on loan/borrowing from any public
financial institution, State Financial Corporation or State
Industrial Investment Corporation/interest payments to
scheduled banks/Co-operative banks on loans or
advances, and (v) sum payable by employers by way of
leave encashment to employees. Deduction will not be
allowed in year in which liability to pay is incurred unless
actual payment is made in that year or before the due
date of furnishing of return of income for that year
44A
44C
Non-resident
48(i)
All assessees
48(ii)
All assessees
54
Individual/HUF
54B
Individual/HUF
54D
54EA
Any assessee
14
debentures, shares of a public comp-any or units of
notified mutual funds (subject to certain conditions and
limits)
54EB
Any assessee
54EC
Any assessee
54ED
Any assessee
54F
54G
54GA
54GB
Individual/HUF
15
certain conditions and limits).
57(i)
All assessees
57(i)
All assessees
57(ia)
All assessees
57(ii)
Assessees engaged in
business of letting out of
machinery, plant and
furniture and buildings on
hire
57(iia)
In case of family pension, 331/3 per cent of such pension or Assessees in receipt of family
Rs. 15,000, whichever is less
pension on death of
employee being member of
assessee's family
57(iii)
57(iv)
All assessees
B. Non-deductible items
58(1)(a)(i)
Personal expenses
All assessees
16
All assessees
58(1)(a)
(iii)
All assessees
58(1A)
Wealth-tax
All assessees
58(2)
58(4)
All assessees
All assessees
80C
Individual/HUF
17
name of:
-
18
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 AkshayII/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 scheme12 framed and notified.
Subscription to notified bonds issued by the NABARD.
Deposit in an account under the Senior Citizen
Savings Scheme Rules, 2004 (subject to certain
conditions)
5-year term deposit in an account under the Post
Office Time Deposit Rules, 1981 (subject to certain
conditions)
Notes:
1. Deduction is limited to whole of the amount paid or deposited subject to a maximum of Rs.
1,50,00013. This maximum limit of Rs. 1,50,00013 is the aggregate of the deduction that may be
19
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
1-4-2013, 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.
20
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.
5. If any amount, including interest accrued thereon, is withdrawn by the assessee from his deposit
account made under (a) Senior Citizen Saving Scheme or (b) Post Office Time Deposit Rules,
before the expiry of the period of five 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 and shall be liable to tax in the assessment year relevant to such previous year.
The amount liable to tax shall not include the following amounts, namely:
(i) any amount of interest, relating to deposits referred to above, which has been included in
the total income of the assessee of the previous year or years preceding such previous
year; and
(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.
Section
Nature of deduction
(1)
(2)
(3)
80CCC14
Individual
15
Individual
80CCD
80CCF
Individual/HUF
21
80CCG
80D
80DD
80DDB
Resident Individual/HUF
80E
Individual
22
(maximum period : 8 years)
80EE
Individual
80G
80GG
80GGA24
23
80GGB
Indian company
80GGC
80-IA
80-IAB
80-IB
Profits and gains from industrial undertakings, cold storage All assessees
plant, hotel, scientific research & development, mineral oil
concern, housing projects, cold chain facility, multiplex
theatres, convention centres, ships, etc. (subject to certain
conditions and limits)
80-IC
All assessees
24
substantial expansion during the specified period
80-ID
All assessees
80-IE
All assessees
80JJA
All assessees
80JJAA
80LA
Scheduled Banks/banks
incorporated outside
India/Units of International
Financial Services Centre
80P
Co-operative societies
80QQB
80RRB
Resident individuals
80TTA
Individuals/HUFs
80U
25
under Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995]
[w.e.f. assessment year 2005-06 including autism, cerebral
palsy, and multiple disabilities as defined under National
Trust for Welfare of Persons with Autism, Cerebral Palsy,
Mental Retardation & Multiple Disabilities Act, 1999] [in
the case of a person with severe disability, allowable
deduction is Rs. 1,25,000] (subject to certain conditions).
Rebates
87A
Individual
company under section 17(1) of the Sick Industrial Companies (Special Provisions) Act
within the time period of 8 years as stated above.
26
Where any deduction under section 35AD has been availed of by the assessee on account
of capital expenditure incurred for the purposes of specified business in any assessment
year, no deduction under section 10AA shall be available to the assessee in the same or
any other assessment year in respect of such specified business.
6. With effect from assessment year 2015-16 a new Explanation 2 has been inserted in section 37(1)
to clarify that expenditure incurred by the assessee on Corporate Social Responsibility activities in
accordance with section 135 of the Companies Act, 2013 will not be considered as expenditure
incurred by the assessee for the purposes of the business or profession.
7. Following chart explains amendments made in section 40(a)(i) with effect from the assessment
year 2015-16 :
Law applicable up to
the assessment year
2014-15
Expenditure is not
deductible. If, however,
TDS is deposited in a
subsequent year, it will
be deducted in that
year
Expenditure is not
deductible. If, however,
TDS is deposited in a
subsequent year, it will
be deducted in that
year
Expenditure is not
deductible. If, however,
TDS is deposited in a
subsequent year, it will
be deducted in that
year
8. Following amendments have been made in section 40(a)(ia) with effect from the assessment year
2015-16 :
Coverage of disallowance extended - Before amendment, disallowance provisions of
section 40(a)(ia), covered TDS default under sections 193, 194A, 194C, 194D, 194H, 194-I
and 194J. After amendment, disallowance under section 40(a)(ia), will cover any amount
payable to a resident which is subject to TDS.
27
Only 30 per cent expenditure to be disallowed - In case of TDS default, 30 per cent of
expenditure (not 100 per cent) will be disallowed.
9. One residential house in India with effect from assessment year 2015-16.
10. With effect from assessment year 2015-16 limit of Rs. 50 lakhs applies to total amount invested
during financial year in which original asset is transferred and in subsequent financial year.
11. One residential house in India with effect from assessment year 2015-16.
12. See Bank Term Deposits Scheme, 2006.
13. with effect from assessment year 2015-16.
14. Where deduction is claimed under this section, deduction in relation to same amount cannot be
claimed under section 80C.
15. Section 80CCE provides that the aggregate amount of deductions under section 80C, section
80CCC and section 80CCD shall not, in any case, exceed Rs. 1,50,000
With effect from assessment year 2015-16, amended sub-section (1) has clarified that a nongovernment employee can claim deduction under section 80CCD even if his date of joining is prior
to January 1, 2004.
16. With effect from the assessment year 2012-13 section 80CCE is amended so as to provide that
contribution made by the Central Government or any other employer to a pension scheme under
sub-section (2) of section 80CCD shall not be included in the limit of deduction of Rs. 1,50,000
provided under section 80CCE.
With effect from assessment year 2016-17, sub-section (1A) of Section 80CCD which laid down
maximum deduction limit of Rs. 1,00,000 (under sub-section (1)) has been deleted.
Further, a new sub-section (1B) is inserted to provide for additional deduction to the extent of Rs.
50,000. The additional deduction is not subject to ceiling limit of Rs. 1,50,000 as provided under
Section 80CCE.
However, it is to be noted that addition deduction of Rs. 50,000 shall not be allowed in respect of
contribution which is considered for deduction under Section 80CCD(1), i.e., within limit of 10% of
salary/gross total income
17. Rajiv Gandhi Equity Savings Scheme, 2012/2013.
With effect from assessment year 2014-15 (a) investment in listed units of an equity oriented fund
is also permitted; (b) deduction shall be allowed for three consecutive assessment years,
beginning with the assessment year relevant to previous year in which the listed equity shares or
listed units of equity oriented fund were first acquired and (c) gross total income of the assessee
for relevant assessment year shall not exceed twelve lakh rupees.
18. Section 80D is amended by the Finance Act, 2015. From assessment year 2016-17 onwards the
deduction under Section 80D will be available as per the limit specified below:
Individual
HUF
28
For self, spouse and dependent children : Rs.
25,000 (Rs. 30,000 if person insured is a
senior citizen* or very senior citizen**);
NA
*Senior citizen means an individual resident in India who is of the age of sixty years or more at
any time during the relevant previous year.
**Very senior citizen means an individual resident in India who is of the age of eighty years or
more at any time during the relevant previous year.
19. Maximum deduction is Rs. 40,000 (Rs. 60,000 where expenditure is incurred for a senior citizen
and Rs. 80,000 in case of very senior citizen[w.e.f assessment year 2016-17])
With effect from assessment year 2016-17, the taxpayer shall be required to obtain a prescription
from a specialist doctor (not necessarily from a doctor working in a Government hospital) for
availing this deduction.
20. Scope of 'higher education' is enlarged with effect from assessment year 2010-11 to cover any
course of study pursued after passing the Senior Secondary Examination or its equivalent from
any school, Board or university recognised by the Central Government or State Government or
local authority or by any other authority authorized by the Central Government or State
Government or local authority to do so.
With effect from 1-4-2010 the scope of expression 'relative' has also been enlarged to cover the
student for whom the taxpayer is the legal guardian.
21. Donation of 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 guidelines, by notification in the
Official Gazette, specify in this behalf for
(i) the development of infrastructure for sports and games; or
(ii) the sponsorship of sports and games,
in India;
is eligible for the purpose of deduction under section 80G [this is in consequence of omission of
section 10(23)].
22. Donation made to an authority constituted in India by or under any law enacted either for the 29
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 is also eligible for
the purpose of deduction under section 80G from the assessment year 2003-04 [this is in
consequence of omission of section 10(20A)].
23. With effect from 1-4-2013 no deduction shall be allowed in respect of donation of any sum
exceeding ten thousand rupees unless such sum is paid by any mode other than cash.
24. With effect from 1-4-2013 no deduction shall be allowed under this section in respect of any sum
exceeding ten thousand rupees unless such sum is paid by any mode other than cash.
25. With effect from 1-4-2014 deduction will not be allowed if sum is contributed in cash.
26. Time limits stated under section 80-IA(4)(iv) have been extended from 31-3-2014 to 31-3-2017.
27. Additional wages means the wages paid to the new regular workman in excess of 50 workmen
employed during the previous year.
In case of an existing factory, the additional wages shall be nil, if increase in number of regular
workmen employed during the year is less than 10% of existing number of workmen employed in
such factory as on the last day of the preceding year.
28. With effect from Assessment Year 2016-17, the deduction shall be available to all assessees [not
just Indian companies]engaged in the business of manufacturing of goods in a factory.