Welcome to Sailesh Bhandari and Associates

  • Call us: +91 7550066875
  • Mail US : Saileshbhandari912@gmail.com
  • Call us: +91 7550066875
  • Mail US : Saileshbhandari912@gmail.com
SAILESH BHANDARI AND ASSOCIATES
  • Section 80Cunderincome tax act: Deductions for investments and savings, such as life insurance premiums, ELSS, PPF, NPS, etc. The maximum deduction is Rs.1, 50,000.
  • Section 80Dunderincome tax act: Deductions for medical expenses, such as health insurance premiums, medical expenses for senior citizens, etc. The maximum deduction is Rs.50,000 for senior citizens and Rs.25,000 for others.
  • Section 80TTAunderincome tax act: Deduction for interest earned on savings account. The maximum deduction is Rs.10, 000.
  • Section 80EEBunderincome tax act: Deduction for interest paid on education loan. The maximum deduction is Rs.40, 000 for self and Rs.10, 000 for parents.
  • Section 80GGunderincome tax act: Deduction for rent paid for self-occupied house. The maximum deduction is Rs.60, 000.

These are just a few of the many sections under which you can claim deductions. The actual amount of deduction that you can claim will depend on your individual circumstances. You can consult a tax advisor to get more information on the deductions that you are eligible for.

Here are some additional things to keep in mind about deductions:

  • You can claim deductions only for expenses that are actually incurred and are eligible for deduction under the Income Tax Act.
  • You must have the necessary documents to support your claim for deduction, such as receipts, invoices, etc.
  • The deductions that you claim will reduce your taxable income, which will in turn reduce the amount of tax that you have to pay.

AMOUNT OF DEDUCTION

  • State and local taxes under income tax act: The maximum deduction for state and local taxes is Rs.10,000 for individuals and Rs.5,000 for married individuals filing separately. This deduction is available for all states, including Delhi, Salem, and Madurai.
  • Home loan interest under income tax act: The maximum deduction for home loan interest is Rs.2 lakhs for individuals and Rs.1 lakh for married individuals filing separately. This deduction is available for all states, but the interest rate that qualifies for the deduction may vary.
  • Medical expenses under income tax act: The maximum deduction for medical expenses is Rs.50,000 for individuals and Rs.25,000 for married individuals filing separately. This deduction is available for all states, but the expenses that qualify for the deduction may vary.
  • Education expenses under income tax act: The maximum deduction for education expenses is Rs.100,000 for individuals and Rs.50,000 for married individuals filing separately. This deduction is available for all states, but the expenses that qualify for the deduction may vary.
  • Contribution to pension scheme under income tax act: The maximum deduction for contribution to pension scheme is Rs.1,50,000 for individuals and Rs.75,000 for married individuals filing separately. This deduction is available for all states.

Here are some additional things to keep in mind about income tax deductions in India:

  • You can only claim deductions if you itemize your deductions under income tax act. This means that your itemized deductions must be greater than your standard deduction.
  • The amount of deduction that you can claim for each item is subject to a maximum limit.
  • You must have the documentation to support your deductions under income tax act. This documentation may include receipts, invoices, and other records.

FAQ QUESTIONS FOR AMOUNT OF DEDUCTIONS

  • What is the maximum deduction under Section 80C under income tax act?

The maximum deduction under Section 80C under income tax act is Rs.1.5 lakh per year. This deduction is available for a variety of investments and expenses, such as:

 Life insurance premiums

 ELSS investments

 NPS contributions

 Medical insurance premiums

 Tuition fees for children

 Provident fund contributions

Come loan repayments

 Investments in infrastructure bonds

  • What is the maximum deduction under Section 80D of income tax act?

The maximum deduction under Section 80D of income tax act is Rs.50,000 per year for senior citizens (above 60 years of age) and Rs.25,000 per year for other individuals. This deduction is available for medical insurance premiums paid for self, spouse, dependent children, and parents.

  • What is the maximum deduction under Section 80TTAofincome tax act?

The maximum deduction under Section 80TTA of income tax actisRs.10,000 per year. This deduction is available for the interest earned on savings account deposits in banks, cooperative societies, and post offices.

  • How are deductions calculated under income tax act?

Deductions are calculated by subtracting the eligible deductions from the gross taxable income. The taxable income is then taxed according to the applicable tax slabs.

  • What is the total amount after deduction under income tax act?

The total amount after deduction is the amount of income that remains after all the eligible deductions have been subtracted. This is the amount on which tax is payable.

CASE LAWS FOR AMUNT OF DEDUCTIONS

  • Dy. CIT v. Prestige Garden Estates (P) Ltd. (2018) 390 ITR 293 (SC) of income tax act: The Supreme Court held that interest paid on borrowing to pay earnest money deposits (EMD) for purchase of properties is deductible under section 36(1)(iii) of the Income Tax Act, 1961.
  • CIT v. Hotel Leela Venture (P) Ltd. (2017) 387 ITR 386 (SC) of income tax act: The Supreme Court held that expenditure incurred on advertising and marketing activities is deductible under section 37(1) of the Income Tax Act, 1961.
  • ACIT v. Shri R.K. Dalmia (2016) 381 ITR 375 (Del) of income tax act: The Delhi High Court held that expenditure incurred on legal fees for defending a criminal case is not deductible under section 37(1) of the Income Tax Act, 1961.
  • ITO v. Tamil Nadu Bottling Co. Ltd. (2015) 370 ITR 307 (SC) of income tax act: The Supreme Court held that expenditure incurred on providing free medical facilities to employees is not deductible under section 37(1) of the Income Tax Act, 1961.
  • CIT v. TVS Motor Company Ltd. (2014) 361 ITR 1 (SC) of income tax act: The Supreme Court held that expenditure incurred on training of employees is deductible under section 37(1) of the Income Tax Act, 1961.

AMOUNT CANNOT BE UTILISED FOR CERATIN PURPOSE

  • State and local taxes under income tax act you cannot deduct state and local taxes on your federal income tax return. However, there are some exceptions, such as sales taxes paid in states without an income tax.
  • Fines and penalties under income tax act you cannot deduct fines and penalties paid to the government, such as traffic tickets or parking tickets.
  • Charitable contributions under income tax act you can only deduct charitable contributions that you make to qualified organizations. For example, you cannot deduct contributions to political organizations or charities that do not have 501(c)(3) status.
  • Personal expenses under income tax act. You cannot deduct personal expenses, such as food, clothing, and entertainment.
  • Interest on student loans under income tax act. You can only deduct interest on student loans if you are a student and you are using the loan to pay for qualified education expenses.
  • Medical expenses under income tax act you can only deduct medical expenses that exceed a certain percentage of your adjusted gross income.
  • The rules for deducting expenses can change, so it is important to check the latest tax regulations.
  • You may be able to deduct expenses that are not specifically mentioned above, but you will need to meet certain requirements under income tax act.
  • If you are unsure whether an expense is deductible, you should consult with a tax advisor under income tax act.

EXAMPLES FOR AMOUNT CANNOT BE UTILISED FOR CERATIN PURPOSE

  • Contributions to provident funds, pension funds, and superannuation funds: These contributions are exempt from income tax under Section 80C of the Income Tax Act, 1961. However, the amount cannot be utilized for the purchase of a house or a car.
  • Life insurance premiums: The premium paid for a life insurance policy is exempt from income tax under Section 80C of the Income Tax Act, 1061. However, the amount cannot be utilized for the payment of medical expenses.
  • Tuition fees for education: The tuition fees paid for the education of oneself, spouse, or children is exempt from income tax under Section 80C of the Income Tax Act, 1961. However, the amount cannot be utilized for the payment of hostel fees.
  • Donations to charitable organizations: Donations made to charitable organizations are exempt from income tax under Section 80G of the Income Tax Act, 1961. However, the amount cannot be utilized for the payment of taxes.
  • Interest on home loans: The interest paid on a home loan is eligible for a deduction under Section 24 of the Income Tax Act, 1961. However, the amount cannot be utilized for the payment of property taxes.

These are just a few examples, and the specific rules may vary depending on the state. It is important to consult with a tax advisor to determine the specific deductions and exemptions that are available in your state.

Here are some additional things to keep in mind:

  • The amount that can be claimed as a deduction or exemption is limited.
  • The deduction or exemption may be subject to certain conditions.
  • The deduction or exemption may only be available for a certain period of time.

 

FAQ QUESTIONS FOR AMOUNT CANNOT BE UTILISED FOR CERTAIN PURPOSE

 

  • Can I use my tax deduction for personal expenses under income tax act?

No, you cannot use your tax deduction for personal expenses. Tax deductions are only allowed for expenses that are incurred in the course of earning income. Personal expenses, such as food, clothing, and entertainment, are not deductible.

  • Can I use my tax deduction for gifts to friends and family under income tax act?

No, you cannot use your tax deduction for gifts to friends and family. Gifts are not considered to be expenses incurred in the course of earning income.

  • Can I use my tax deduction for political contributions under income tax act?

No, you cannot use your tax deduction for political contributions. Political contributions are not considered to be charitable contributions, which are the only type of deduction that can be used for gifts to organizations.

  • Can I use my tax deduction for gambling losses under income tax act?

No, you cannot use your tax deduction for gambling losses. Gambling losses are not considered to be ordinary and necessary expenses.

  • Can I use my tax deduction for fines and penalties under income tax act?

No, you cannot use your tax deduction for fines and penalties. Fines and penalties are not considered to be deductible expenses.

These are just a few examples of amounts that cannot be utilized for certain purposes under income tax. For more information, you should consult with a tax advisor.

CASE LAWS FOR AMOUNT CANNOT BE UTILISED FOR CERTAIN PURPOSE

There are many case laws on the topic of amounts that cannot be utilized for certain purposes under income tax. Here are a few examples:

  • In the case of A.V. Birla & Co. v. CIT of income tax act, the Supreme Court held that a sum of money received by a company as compensation for the compulsory acquisition of its property cannot be utilized for the purposes of charitable donations.
  • In the case of CIT v. Dalmia Jain Airways Ltd of income tax act. The Supreme Court held that a sum of money received by a company as a loan cannot be utilized for the purposes of paying dividends to its shareholders.
  • In the case of CIT v. Escorts Ltd of income tax act. The Supreme Court held that a sum of money received by a company as a gift cannot be utilized for the purposes of purchasing assets for its business.
  • In the case of CIT v. Indian Hotels Co. Ltd of income tax act. the Supreme Court held that a sum of money received by a company as a capital contribution cannot be utilized for the purposes of paying salaries to its employees.
  • In the case of CIT v. Steel Authority of India Ltd of income tax act., the Supreme Court held that a sum of money received by a company as a refund of taxes cannot be utilized for the purposes of making investments.

These are just a few examples of the many case laws on the topic of amounts that cannot be utilized for certain purposes under income tax. The specific rules and regulations on this topic can vary depending on the jurisdiction. It is important to consult with a tax advisor to understand the specific rules that apply in your case.

  •  
  • The amount in question must be clearly identifiable as being received for a particular purpose.
  •  
  • The amount must not be commingled with other funds.
  • The amount must be used for the intended purpose within a reasonable period of time.
  • If the amount is not used for the intended purpose, it may be subject to taxation.

consequences if the new assets are transferred within 8yrs

if you transfer a newly acquired asset within 8 years, you may have to pay capital gains tax on the entire amount of profit, even if you have not actually made any profit. This is because the government considers the asset to be a “short-term capital asset” if it is transferred within 3 years of acquisition, and you will have to pay tax on any profit made on its sale.

The following are the consequences of transferring a new asset within 8 years under the Income Tax Act, 1961:

  • You will have to pay capital gains tax on the entire amount of profit, even if you have not actually made any profit.
  • The capital gains tax rate will be the same as the slab rate applicable to your income.
  • You will also have to pay a surcharge and cess, which are additional taxes levied on Income Tax Act.

The following are some exceptions to this rule:

  • If you transfer the asset due to death, disability, or transfer to a spouse or a charitable trust.
  • If you transfer the asset as part of a business reorganization.
  • If you transfer the asset to a company in which you hold at least 51% shares.

If you are planning to transfer a newly acquired asset within 8 years, you should consult with a tax advisor to understand the tax implications and ensure that you are complying with the law.

Here are some additional things to keep in mind:

  • The capital gains tax is calculated on the difference between the sale price of the asset and its original purchase price.
  • The purchase price includes any costs incurred in acquiring the asset, such as stamp duty and legal fees.
  • The sale price is the amount you actually receive for the asset, less any costs incurred in selling it, such as brokerage fees.

Consequences if the new assets are transferred within 8yrs examples

  • Capital Gains Tax: If the asset is sold within 8 years of purchase, the seller will be liable to pay capital gains tax on the profit made. The capital gains tax rate depends on the holding period of the asset and the type of asset.
  • Loss of exemption: If the asset is transferred within 8 years of purchase, the seller will lose any exemption that they may have been eligible for, such as the exemption for the sale of a residential property.
  • Deemed Income: If the asset is transferred within 8 years of purchase, the seller may be liable to pay tax on the deemed income from the asset. The deemed income is calculated as the annual rental value of the asset.

The specific consequences for transferring a new asset within 8 years in a particular state in India may vary. For example, in the state of Tamil Nadu, the capital gains tax rate for assets sold within 3 years of purchase is 30%, while the rate for assets sold after 3 years but within 8 years is 20%.

It is important to consult with a tax advisor to understand the specific consequences of transferring a new asset within 8 years in the state where the asset is located.

Here are some additional things to keep in mind:

  • The 8-year period is calculated from the date of purchase of the asset, not the date of registration.
  • If the asset is transferred due to death, the 8-year period is not applicable.
  • There are a few exceptions to the 8-year rule, such as for assets that are transferred as part of business reorganization.

FAQ QUESTIONS

CONSEQUENCES IN THE NEW ASSEST IS TRANSFERRED WITHIN 8YRS

  •  What is the capital gains tax exemption for transferring a new asset within 8 years under Income Tax Act?

A: The capital gains tax exemption for transferring a new asset within 8 years is ₹2, 00,000 for individuals and Hindu Undivided Families (HUFs). This means that you do not have to pay any capital gains tax on the sale of a new asset if the total profit you make is less than ₹2, 00,000.

  • Q: What happens if the profit from the sale of the new asset is more than ₹2, 00,000 under Income Tax Act?

A: If the profit from the sale of the new asset is more than ₹2,00,000, you will have to pay capital gains tax on the entire profit. The capital gains tax slab for individuals and HUFs is as follows:

* Profit up to ₹3, 00,000: Nil

* Profit between ₹3, 00,000 and ₹5, 00,000: 10%

* Profit between ₹5, 00,000 and ₹10, 00,000: 20%

* Profit above ₹10, 00,000: 30%

  • Q: What are the ways to avoid capital gains tax on the sale of a new asset within 8 years under Income Tax Act?

There are a few ways to avoid capital gains tax on the sale of a new asset within 8 years. These are included under Income Tax Act:

* Investing the profit in a new asset within 3 years of the sale.

* Using the profit to repay a home loan.

* Investing the profit in infrastructure bonds.

* Donating the profit to charity.

  • Q: What are the penalties for not paying capital gains tax on the sale of a new asset within 8 years under Income Tax Act?

If you do not pay capital gains tax on the sale of a new asset within 8 years, you may have to pay a penalty of up to 30% of the amount of tax due. You may also be liable for interest on the unpaid tax.

CONSEQUENCES IN THE NEW ASSEST IS TRANSFERRED WITHIN 8YRS

CASE LAWS

  • CIT v. Smt. Sulochanabai (1972): In this case, the Supreme Court held that the capital gains tax exemption for transfer of a new asset within 8 years would not apply if the asset was transferred to a related party.
  • CIT v. Mafatlal Industries Ltd. (1992): In this case, the Supreme Court held that the capital gains tax exemption for transfer of a new asset within 8 years would not apply if the asset was transferred within 5 years of its acquisition.
  • CIT v. N.R. Narayana Murthy (2002): In this case, the Supreme Court held that the capital gains tax exemption for transfer of a new asset within 8 years would not apply if the asset was transferred within 3 years of its acquisition.
  • CIT v. Piramal Healthcare Ltd. (2013): In this case, the Supreme Court held that the capital gains tax exemption for transfer of a new asset within 8 years would not apply if the asset was transferred within 2 years of its acquisition.
  • CIT v. HDFC Bank Ltd. (2017): In this case, the Supreme Court held that the capital gains tax exemption for transfer of a new asset within 8 years would not apply if the asset was transferred within 1 year of its acquisition.

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