0 Life Insurance premium paid on wife's Policy eligible for tax rebate?

By Going through analysis of Incoming traffic to this site and online search given on our blog site I found that more of the visitors are looking for basic tax concepts so I have decided to give important and widely used section details on blog,though I know most of the email readers of BLOG are professional in accounts and tax and does not like concepts in feeds ,yet it is necessary to give detail of basic concepts also.Today I will discuss life Insurance premium.

Important Point in this regards are given below

  1. Deduction u/s 80c of income tax is available to Individual and Huf Assessee.
  2. Maximum total eligible amount under this head (LIFE insurance Premium) is Rs. 1.,00,000 /-
  3. The limit of one lac as above is total limit u/s 80C for all type of savings ,plus section 80CCC(pension policy) plus u/s 80CCD(Contributory Pension Plan).Means the aggregate amount of deduction under above referred sections can not exceed Rs. 1,00,000.
  4. If policy taken after 1.4.2003 then Premium paid up to 20% of sum Assured is Eligible for deduction.
  5. Payment should not be necessarily from income chargeable to tax.
  6. Minimum Period of holding of policy is Two years ,if policy terminated before two year then all benefit claim taken in earlier year will also be taxable in the year of termination.
  7. Premium paid is eligible on "payment basis" means deduction is available in the year of payment no matter to which year premium relates to.
  8. In my opinion late fees paid in addition to premium payable is also eligible for deduction as late payment fees is paid "to keep in force an Insurance".but it is advised not to claim as there are different opinion on this issue.

Ques:Is Assessee eligible to claim benefit for policy taken on his/her children or spouse?

Ans.In case of an individual policy can be taken on
  • His own life.
  • life of the spouse.(पती या पत्नी )
  • any child
In case of Huf,life of any member of family.

One of friend Mr Rajesh Working as sales manager in Reliance Life Insurance asked me,

Is this benefit available evan son (child) is married or not dependent on the assessee?

The answer is yes he can claim.

Assessee can claim tax rebate for payment of insurance premium paid for policy taken on child/spouse even the child is married and child/spouse is not dependent on assessee.

suppose A(father) has taken a Insurance policy on life of his son C who is married with D(wife of C). C is not dependent on his parents (A=father,B =Mother) and paid a premium of first installment Rs 3000 as quarterly installment and second installment is paid by his mother (B) ,third Installment is paid by his wife D and forth installment is paid by his father A.who is eligible for rebate?


In above example all the persons are eligible to claim deduction for rs 3000/- each.My basic aim to tell u that no matter who has taken the policy ,and who is nominee in the policy,if assessee has paid the premium for life insurance premium for policy taken on life of his/her own,life of spouse or any child (married or not,dependent on him/her or not) ,assessee will be eligible for deduction under section 80C.

If in second year In above example let suppose A (father) has paid 2 installments and two installments paid by the son C. who is eligible for deduction?

In this case also A (father) and son C both are eligible for 6000/- each.No matter in previous year rebate for the same policy has been divided in four as above..Means there is no such requirement that deduction are available only to that person who has paid the premium in proceeding year/years.The person who has paid in previous year is eligible and eligible person can be changed every year or in one year there can be more than one persons eligible for premium payment of one policy if they satisfy other condition as discussed above.

lets discuss the above issue with specific section wording from Act.

"In computing the total income of an assessee, being an individual or a Hindu undivided family, there shall be deducted........any sums paid or deposited in the previous year by the assessee


(i) to effect or to keep in force an insurance on the life of persons specified in sub-section (4);

(ii) to effect or to keep in force a contract for a deferred annuity, not being an annuity plan referred to in clause (xii), on the life of persons specified in sub-section (4)"


and subsection (4)

(i) in the case of an individual, the individual, the wife or husband and any child of such individual, and

(ii) in the case of a Hindu undivided family, any member thereof;"

So above section says "to effect or to keep in force an insurance "means to keep running the policy taken on relative life and premium is paid by the assessee ,no matter who has proposer ,nominee ,dependent or not,married or not,assessee is eligible to claim deduction.


Please Comment.

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0 MANDATORY PAN % INCREASED IN ETDS ETCS RETURN.

The CBDT through a press notification Issued on 12.02.2008 has increased the mandatory Pan % (Earlier issued on 25/09/2007)in e-tds and e-tcs return o and from quarter ending 31.03.08 and no return will be accepted if mandatory pan has not been filled on or after 01.04.2008.

New % will as under.

  • For form 24q (etds return for salary mandatory pan limit will be 95% increased from 90%
  • For Form 26q and form 27eq(e-TCS) mandatory pan limit will be 85% increased from 70% earlier.

This new % will be applicable from 01.04.2008 on each & every return filed on or after 01.04.2008 though related to a period earlier than quarter ending 31.03.2008

This is surprise to me and you because on 04/02/2008 in a earlier press release CBDT has increased the due date of filing etds/etcs return to 29.02.2008 for quarter ending 30.09.2007 and has mentioned the reason as hereunder

"This is in view of the difficulties being faced by the tax deductors /collectors in filing statements with the correct PAN data mandatorily required to be furnished to the extent of at least 90% in the cases of salaried deductees and 70% in the cases of other deductees."

so my point is that a week ago CBDT is of a view of that it is difficult for a deductor to collect mandatory pan % of 70/90% so date of etds/etcs return has been increased but now after a week,

  1. Is circumstances are improved so much that lead them(CBDT) to increase the mandatory percentage from 90 to 95 percent in case of salary and 70 to 85 % in any other case?
  2. Do They (CBDT) think that it is easy to collect 95/85 % pan easier than 90/70% ?
  3. If they relaxing the time period a week ago due to non collection of mandatory pan % by deductor than why they are increasing the mandatory pan %?
  4. The last date to file etds /etcs return for quarter ending 30.09.2007 has been increased to 29.02.2008 but due date for quarter ending 31.12.2007 remains 15.01.2008 .why?.

all the answer they know better.

Though I am firm believer in etax management should be applied as early as possible and its more beneficial to tax payers than deptt yet policy should not be changed frequently.

one thing good they done in all this episode is that they have declared the policy at reasonable time before the applicable date.so we should make ourselves ready for the event and should take following steps so that no problem arises at the time of filing of etds/etcs return.

For salary return.

  1. To all your present employees (who has been deducted or to be deducted has not submitted their pan ) issue instruction to submit their pan /Photocopy of pan card in 10-15 days.
  2. Check present employees Pan Structure as FUV will check only structure of pan .
  3. Help employees to get Pan card issued if they don't have earlier
  4. For new employees release first month salary only if the they give pan card photocopy
  5. verify/find pan online from deptt site with input data name,fathers name and date of birth which generally with the employer.
  6. print occasionally a note on payslip that submission and correctness of pan is mandatory and obligation of the employee and by not doing so they will not only have difficulties in getting tax credit of tax but will face penal proceedings under the income tax act.
For other than salary return
  1. Insert a clause in NIT (notice inviting tender) that contractor who has a valid pan on their name can only apply and they will give proof of pan as and when required.
  2. Issue letters to earlier /present contractor to submit their pan.
  3. Try to find the pan of contractor on internet as some time date of incorporation is given on bill of the company of firm.
  4. Encourage/help the Small Contractors to get pan issued from income tax deptt.

all the above are indicative list and I write as it come to my mind .

For Deductees

one more thing I would like to share with you ,if you are a deductee than please provide your pan to deductor as this will not only help your deductor to file their etds return but also in the era of annexure less income tax return due credit of your tds will be available to you through your online pan ledger (form 26as).

Download full text press release dated 12.02.2008
please comment.

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0 FILL SERVICE TAX CODE IN GAR-7 /TR6 OTHERWISE CHALLAN WILL NOT BE ACCEPTED.

Last week my friend Vishal pasad at Mumbai went to Axis Bank Branch to deposit service tax on gar-7 challan ,but he was surprised to know that he can not deposit the tax as the service tax code he has filled on the challan ,is not shown in NSDL website ,thanks to delay in updatation of by the authorities and a new circular/Instruction by RBI issued to banks regarding receipt service tax/excise payment.Vishal also has Service Tax registration certificate and after showing it to Bank staff he deposited the tax next day.Then he suggested me to give about this on blog to inform all tax payers like you so that you will not face the same situation as he(Vishal) has faced.So I briefly discussed the circular hereunder. Main points are:--

  • Banks are advised that no payment of Central Excise & Service Tax should be accepted by bank branches unless the assessee code of the tax-payer is quoted on the G.A.R.7 challan.
  • Bank should confirm assessee code from directory and from NSDL website.
  • If assessee code is not shown on above sources than ask to ask the assessee to produce a copy of the relevant Registration Certificate issued by the Central Excise or Service Tax Commissionerate /Division or get a letter from the jurisdictional Commissionerate / Division indicating the relevant assessee code.
  • If assessee does not have a valid assessee code, the bank should ask the tax-payer to
    produce proof of its PAN / TAN registration. It is also mandatory for the tax-payer to mention the location code.

so from the above instruction it has been made clear cut instruction by the RBI To Banks not to receive excise and service tax payments without verification of service tax /excise assessee code.The following steps should be taken by the assessee not to face harassment at bank counter while deposited excise /service tax.

  1. Verify Your service tax code whether existed on Nsdl Server.
  2. If not existed on Deptt server than Take your registration certificate and location code with u at the time of depositing the bank.
  3. If you have not alloted a registration than take the proof of Pan/Tan allotment letter/Card.
so if you have taken above suggested action while depositing the excise /service tax to bank you will have success.

Download GAR-7 in excel form(new)
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0 DUE DATE OF TDS/TCS RETURN QTR ENDING 30.09.2007 EXTENDED.

CBDT has extended the due date to file the Etds and Etcs return for the quarter ending 30.09.2007,2nd quarter for the f.y 2007-08 to 29.02.2008.


In my view date has been extended by keeping in view the practical difficulties faced by the tax payers to fill mandatory 90% pan in salary return (24Q) and 70% pan in other returns.But some times assessee(deductee) has not applied for the pan card ,so due to the negligence of deductee ,deductor can not file his etds return, as pan of deductee is must up to certain percentage as mentioned above mandatory & without which return will not be accepted and deductor may also be asked to DEPOSIT the penalty.

But thanks to CBDT ,who has now extend due date to file the second qtr etds/etcs return date to 29.02.08 and there will be no penalty upto the date of 29.02.08 now..Notification of the same is given hereunder .(download notification pdf)

F.No. 275/6/2008-IT(B)

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Tax

*****

New Delhi dated 28th January 2008

Subject :- Order under section 119(2)(a) of the Income –Tax Act, 1961 regarding extension of time for filing of Tax Deduction/Collection at source Returns for the 2nd quarter and non-levy of penalty for delay in filing for the same.

In exercises of the powers conferred by clause (a) of sub-section (2) of section 119 of the Income-Tax Act’1961, the Central Board of Direct Taxes hereby extends the due date for filing of quarterly statements of Tax Deducted at Source (TDS) and Tax Collected at Source (TCS) for the quarter ending 30th September 2007 of financial year 2007-08 as per the provisions of section 200(3) and proviso to section 206C(3) respectively, to 29th February 2008.

(Ansuman Pattnaik)

Deputy Secretary (Budget)

Tele Fax No 2309 2641

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