Tax Talk

SANJIV CHAUDHARY | Updated on March 16, 2013 Published on March 16, 2013

Sanjiv Chaudhary

I have a relative who is a 77-year-old lady. She has invested Rs 1 lakh in Post office in NSC V111 issue. She has also paid Rs 6,810 toward her mediclaim policy and has savings bank interest of Rs 8,591. She has donated during the year Rs 54,000 to organisations which have been approved/recognised/qualified for deduction U/S 80G (2) (a) (vi) of I-T Act, 1961. Can you let us know what deductions she is eligible for FY 2012-13?

— Rangaswamy

Based on the limited facts provided above, your relative, who is an individual, shall be eligible for the following deductions in computing her taxable income for FY 2012-13:

Under section 80C – Deduction of Rs 1 lakh for investment made in NSC VIII issue by the aseessee. Deduction under this section is limited to Rs 1 lakh collectively for various investments / contributions such as life insurance premium, contribution to Public Provident Fund.

Under section 80D – Deduction of Rs 6,810 for amount paid to effect or to keep in force insurance on the health of the assessee out of his/her income chargeable to tax. The payment should be made through any mode other than cash. The limit for deduction under this section is Rs 20,000 for a senior citizen.

Under section 80TTA - Deduction of Rs 8,591 being amount of interest earned on the savings bank account. The limit for deduction under this section is Rs 10,000.

Under section 80G – Deduction of 50 per cent of the qualifying amount wherein the donation is made by any mode other than cash. The qualifying amount shall be lower of the following:

Amount donated by the individual during the year;

10 per cent of total taxable income arrived at after allowing all the deductions under Chapter VIA except under section 80G.

Cash donations are eligible for deduction under this section if the amount donated is less than Rs 10,000.

I had taken a housing loan in 1998 and constructed flats in Ambathur, Chennai in area of 600 sq ft. I had taken possession of a second house in Trichy in 2013, which I booked at construction stage, for which I had pre-EMI for 6 months. For the tax benefit, will both houses be treated as self occupied? My wife, children and I occupy one house. The other house is occupied by my father, mother and disabled brother.

For how many years can pre-EMI for the second house be shown for tax benefits? Is there any benefit for processing fee?

— C. Saravana Kumar

According to the Income-tax provisions where an individual has more than two house properties which are self-occupied during the year, the individual has the option to select one of such house properties which will be considered as self-occupied and rest of the properties will be deemed to be let out.

Deduction for interest paid on the home loan can be claimed under the head ‘Income from house property’ once construction is complete and possession is taken. Pre-construction interest can be claimed in 5 equal instalments starting from the year in which construction has been completed.

Therefore, deduction of pre-EMI interest can be claimed in 5 equal instalments starting from the year in which construction has been completed. For self-occupied properties, where the house property was purchased or constructed within 3 years from the financial year in which capital was borrowed, a deduction for interest payable during the year up to a maximum of Rs 1.5 lakh can be claimed during the year (including the pre-EMI interest). Further, where the property is let out or deemed to be let out during the year, interest actually payable during the year can be claimed from the annual rental value of the house property.

Similarly, deduction is allowed for any repayment of the amount borrowed by the assessee for purchase or construction of a residential house property, the income from which is chargeable to tax under the head ‘Income from house property’ which is only when the construction is completed and possession is handed over. This deduction is available in the overall limit of Rs 1 lakh u/s 80C of the Income-tax Act, 1961.

Mail your queries to >taxtalk@thehindu.co.in

(The author is a practising chartered accountant)

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Published on March 16, 2013
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