Tds on salary income

Dear Kumar, To determine whether the payment of loan is deductable from her salary, we need to determine the person liable to tax under the head income from house property.   As per the proviso, it is the owner who is chargeable to tax under this head. Only for a self-occupied property or owned property not self occupied is eligible for deduction of repayment of interest and principal. Also, to be eligible for deduction , the employee need to furnish a certificate from the person to whom the interest is payable on capital borrowed.   In the given case, on the prima facie , it appears that the property and the loan are in the name of the employee's father and though the employee pays into his loan account , it is only an application of income and cannot be considered as expense eligible for deduction.   Premium paid for LIC for dependent parents are eligible for deduction.         Originally posted by : Kumar Dear Experts, Kkindly guide me the below 2 points in clear... 1. Can any one guide me the circumstances related to repayment of Interest & Principal amount on Loan for construction of the house ? a) The repayment of Interest & Principal amount on housing loan is must and should be paid by the employee (assessee) only or any of the family member can pay ? i.e in clear the loan is in the name of my employee's father, but she (female employee) is repaying that loan EMI through cash from her salary (cash depositing to her father's name - loan a/c, not through ECS from her salary a/c). Can this repayment of Interest & Principal on loan allowed for deduction from her salary Income while calculating her Tax liability ??? 2. Premium Paid for LIC by the assessee for dependant parents can consider as deduction U/s 80 C ???   Thanks & Regards, Kumar

 

1. only the person who is in the possession of house can claim interest, principal.( As the property is in her fathers name, she cant claim)

2.regarding Lic premium, lic paid for spouse,own, childrens can be claimed u/s 80 C. so she cant claim lic paid for parents u/s 80C.

 

Hemasowthri,

u/s 80C there is a change. only lic paid for spouse, own, children can claimed

lic paid for parents not eligible for deduction

Originally posted by : Hemasowthiri
	Thank you so much for your kind reply madam...     Dear Kumar, To determine whether the payment of loan is deductable from her salary, we need to determine the person liable to tax under the head income from house property.   As per the proviso, it is the owner who is chargeable to tax under this head. Only for a self-occupied property or owned property not self occupied is eligible for deduction of repayment of interest and principal. Also, to be eligible for deduction , the employee need to furnish a certificate from the person to whom the interest is payable on capital borrowed.   In the given case, on the prima facie , it appears that the property and the loan are in the name of the employee's father and though the employee pays into his loan account , it is only an application of income and cannot be considered as expense eligible for deduction.   Premium paid for LIC for dependent parents are eligible for deduction.         Originally posted by : Kumar Dear Experts, Kkindly guide me the below 2 points in clear... 1. Can any one guide me the circumstances related to repayment of Interest & Principal amount on Loan for construction of the house ? a) The repayment of Interest & Principal amount on housing loan is must and should be paid by the employee (assessee) only or any of the family member can pay ? i.e in clear the loan is in the name of my employee's father, but she (female employee) is repaying that loan EMI through cash from her salary (cash depositing to her father's name - loan a/c, not through ECS from her salary a/c). Can this repayment of Interest & Principal on loan allowed for deduction from her salary Income while calculating her Tax liability ??? 2. Premium Paid for LIC by the assessee for dependant parents can consider as deduction U/s 80 C ???   Thanks & Regards, Kumar

Originally posted by : kavitha
	1. only the person who is in the possession of house can claim interest, principal.( As the property is in her fathers name, she cant claim) 2.regarding Lic premium, lic paid for spouse,own, childrens can be claimed u/s 80 C. so she cant claim lic paid for parents u/s 80C.

So, in both the cases she cant claim deduction in from her salary Income...

Thank you very much for your kind & valuable reply....

 

Originally posted by : kavitha
	1. only the person who is in the possession of house can claim interest, principal.( As the property is in her fathers name, she cant claim) 2.regarding Lic premium, lic paid for spouse,own, childrens can be claimed u/s 80 C. so she cant claim lic paid for parents u/s 80C.

Section 24(b) of the Act allows deduction from income from house property on interest on borrowed capital as under:-

(i)  the deduction is allowed only in case of house property which is owned and in the occupation of the employee for his own residence. However, if it is not actually occupied by the employee in view of his place of the employment being at other place, his residence in that other place should not be in a building belonging to him.

(ii)  The quantum of deduction allowed as per table below:

Sl. No	Purpose of borrowing capital	Date of borrowing capital	Maximum Deduction allowable
1	Repair or renewal or reconstruction of the house	Any time	Rs. 30,000/-
2	Acquisition or construction of the house	Before 01.04.1999	Rs. 30,000/-
3	Acquisition or construction of the house	On or after 01.04.1999	Rs. 1,50,000/-

In case of Serial No. 3 above

(a)  The house so acquired or constructed should be completed within3 years from the end of the FY in which the capital was borrowed. Hence it is necessary for the DDO to have the completion certificate of the house property against which deduction is claimed either from the builder or through self-declaration from the employee.

(b)  Further any prior period interest for the FYs up to the FY in which the property was acquired and constructed shall be deducted in equal instalments for the FY in question and subsequent four FYs.

(c)  The employee has to furnish before the DDO a certificate from the person to whom any interest is payable on the borrowed capital specifying the amount of interest payable. In case a new loan is taken to repay the earlier loan, then the certificate should also show the comprehensive picture of Principal and Interest of the loan so repaid.

 

 

Any sums paid by an assessee for the purpose of purchase or construction of a residential house property, the income from which is chargeable to tax under the head "Income from house property" (or which would, if it has not been used for assessee's own residence, have been chargeable to tax under that head) where such payments are made towards or by way of any instalment or part payment of the amount due under any self-financing or other scheme of any Development Authority, Housing Board etc.

The deduction will also be allowable in respect of re-payment of loans borrowed by an assessee from the Government, or any bank or Life Insurance Corporation, or National Housing Bank, or certain other categories of institutions engaged in the business of providing long term finance for construction or purchase of houses in India. Any repayment of loan borrowed from the employer will also be covered, if the employer happens to be a public company, or a public sector company, or a university established by law, or a college affiliated to such university, or a local authority, or a cooperative society, or an authority, or a board, or a corporation, or any other body established under a Central or State Act.

The stamp duty, registration fee and other expenses incurred for the purpose of transfer shall also be covered. Payment towards the cost of house property, however, will not include, admission fee or cost of share or initial deposit or the cost of any addition or alteration to, or, renovation or repair of the house property which is carried out after the issue of the completion certificate by competent authority, or after the occupation of the house by the assessee or after it has been let out. Payments towards any expenditure in respect of which the deduction is allowable under the provisions of section 24 of the Act will also not be included in payments towards the cost of purchase or construction of a house property.

Where the house property in respect of which deduction has been allowed under these provisions is transferred by the tax-payer at any time before the expiry of five years from the end of the financial year in which possession of such property is obtained by him or he receives back, by way of refund or otherwise, any sum specified in section 80C(2)(xviii), no deduction under these provisions shall be allowed in respect of such sums paid in such previous year in which the transfer is made and the aggregate amount of deductions of income so allowed in the earlier years shall be added to the total income of the assessee of such previous year and shall be liable to tax accordingly.

80c is the only section where if u pay lic premium of his parents ,u cant avail the benefit of 80c for that premium..still i dont know the logic behind it.

 

 

i want to know the logic behind it..why parenys are not covered here.

Originally posted by : CA abhinandan agarwal
	i want to know the logic behind it..why parenys are not covered here.

Law always doesnt have logic.. Then also you have thought on it..I will give you my view on it!!

Originally posted by : CA abhinandan agarwal
	80c is the only section where if u pay lic premium of his parents ,u cant avail the benefit of 80c for that premium..still i dont know the logic behind it.

A Married person can claim deduction for the LIC Premia paid for life of the spouse & child, but what in case of a Bachelor Induvidual ???

Y cant a Bachelor claim deduction for the LIC Premia paid for his/her dependant parents ???

Section 24(b) of the Act allows deduction from income from house property on interest on borrowed capital as under:- (i) the deduction is allowed only in case of house property which is owned and in the occupation of the employee for his own residence. However, if it is not actually occupied by the employee in view of his place of the employment being at other place, his residence in that other place should not be in a building belonging to him. (ii) The quantum of deduction allowed as per table below: Sl. No Purpose of borrowing capital Date of borrowing capital Maximum Deduction allowable 1 Repair or renewal or reconstruction of the house Any time Rs. 30,000/- 2 Acquisition or construction of the house Before 01.04.1999 Rs. 30,000/- 3 Acquisition or construction of the house On or after 01.04.1999 Rs. 1,50,000/- In case of Serial No. 3 above (a) The house so acquired or constructed should be completed within3 years from the end of the FY in which the capital was borrowed. Hence it is necessary for the DDO to have the completion certificate of the house property against which deduction is claimed either from the builder or through self-declaration from the employee. (b) Further any prior period interest for the FYs up to the FY in which the property was acquired and constructed shall be deducted in equal instalments for the FY in question and subsequent four FYs. (c) The employee has to furnish before the DDO a certificate from the person to whom any interest is payable on the borrowed capital specifying the amount of interest payable. In case a new loan is taken to repay the earlier loan, then the certificate should also show the comprehensive picture of Principal and Interest of the loan so repaid. Any sums paid by an assessee for the purpose of purchase or construction of a residential house property, the income from which is chargeable to tax under the head "Income from house property" (or which would, if it has not been used for assessee's own residence, have been chargeable to tax under that head) where such payments are made towards or by way of any instalment or part payment of the amount due under any self-financing or other scheme of any Development Authority, Housing Board etc. The deduction will also be allowable in respect of re-payment of loans borrowed by an assessee from the Government, or any bank or Life Insurance Corporation, or National Housing Bank, or certain other categories of institutions engaged in the business of providing long term finance for construction or purchase of houses in India. Any repayment of loan borrowed from the employer will also be covered, if the employer happens to be a public company, or a public sector company, or a university established by law, or a college affiliated to such university, or a local authority, or a cooperative society, or an authority, or a board, or a corporation, or any other body established under a Central or State Act. The stamp duty, registration fee and other expenses incurred for the purpose of transfer shall also be covered. Payment towards the cost of house property, however, will not include, admission fee or cost of share or initial deposit or the cost of any addition or alteration to, or, renovation or repair of the house property which is carried out after the issue of the completion certificate by competent authority, or after the occupation of the house by the assessee or after it has been let out. Payments towards any expenditure in respect of which the deduction is allowable under the provisions of section 24 of the Act will also not be included in payments towards the cost of purchase or construction of a house property. Where the house property in respect of which deduction has been allowed under these provisions is transferred by the tax-payer at any time before the expiry of five years from the end of the financial year in which possession of such property is obtained by him or he receives back, by way of refund or otherwise, any sum specified in section 80C(2)(xviii), no deduction under these provisions shall be allowed in respect of such sums paid in such previous year in which the transfer is made and the aggregate amount of deductions of income so allowed in the earlier years shall be added to the total income of the assessee of such previous year and shall be liable to tax accordingly.

Originally posted by : Kumar
	Originally posted by : CA abhinandan agarwal 80c is the only section where if u pay lic premium of his parents ,u cant avail the benefit of 80c for that premium..still i dont know the logic behind it. A Married person can claim deduction for the LIC Premia paid for life of the spouse & child, but what in case of a Bachelor Induvidual ??? Y cant a Bachelor claim deduction for the LIC Premia paid for his/her dependant parents ???

thats the way it is!!!