Anu K S (Cleared CA Final) (195 Points)
16 October 2016
Amit Kumar Baid
(TDS/EPF/Service Tax Consultant)
(36 Points)
Replied 16 October 2016
Yes, deduction u/s 80CCD(1B) can be availed without availing the same in 80CCD(1). Though it is little bit confusing text of section 80CCC(1B) which states that "(1B) An assesse referred to in sub-section (1), shall be allowed a deduction in computation of his total income, [in addition to the deduction allowed under sub-section (1)], of the whole of the amount paid or deposited in the previous year in his account under a pension scheme notified or as may be notified by the Central Government, which shall not exceed fifty thousand rupees" and use of words "in addition to the" is ambiguous. However you can Claim the full Rs 50,000 under the new section first and then adjust the residual to achieve total tax deduction of Rs 2,00,000.
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