SECTION 80G
DEDUCTION ELIGIBLE COMPUTATION
According to this section if the donation made to APPROVED
FUNDS/CHARITABLE INSTITUTIONS
deduction shall be eligible.
For the purpose of this section to get
deduction/exemption eligibility, donations are classified as four categories as
below.
1) 100%
deduction, with no ceiling limit/restriction on amount of donation
2) 50%
deduction, with no ceiling limit/restriction on amount of donation
3) 100%
deduction, with ceiling limit(Qualifying amount) = 10% of Adjusted Gross total
income
4) 50%
deduction, with ceiling limit(Qualifying amount) = 10% of Adjusted Gross total
income
1) 100% deduction, with no
ceiling limit/restriction on amount of donation:-
Under
this category some donations are notified schemes and if assesses donated to
such notified schemes then, there is no limit to donate amount, means assesses
can donate any quantum of amount with no limit and shall get whole donated
amount as deduction u/s 80G(Please refer Section 80G of Income
tax act 1961 to know about notified schemes)
For understanding example, if
the assesses donated Rs.10000/Rs.100000 what may be then the assesses shall get
deduction of Rs.10000/Rs.100000 u/s 80G from his gross total income.
2) 50% deduction, with no
ceiling limit/restriction on amount of donation:-
Under
this category some donation are notified schemes and if assesses donated to
such notified schemes then, there is no limit to donate amount and assesses
shall get only 50% of their total donation amount as deduction u/s 80G, means
assesses can donate any quantum of amount with no limit but shall get only 50%
of donation amount as deduction u/s 80G (Please refer Section
80G of Income tax act 1961 to know about notified schemes)
For understanding example, if the assesses
donated Rs.10000/Rs.100000 what may be then the assesses shall get deduction of
Rs.5000/Rs.50000 u/s 80G from his gross total income.
3) 100% deduction, with
ceiling limit/qualifying amount:-
Under
this category some donations are notified schemes and if assesses donated to
such notified schemes then, the assesses are restricted to donate upto sum
quantum of amount(maximum ceiling limit to donate amount), even if assess
donated more amount then maximum ceiling limit then only considered
maximum ceiling limit is as donated
amount and assesses shall eligible to deduction u/s 80G of 100% of donation
paid amount subject to maximum limit prescribed.
(Please refer Section 80G of Income tax act 1961 to know about notified
schemes)
For understanding
Example 1: If the qualifying amount is Rs.5000 and assesses donated Rs.3000
then Rs.3000 shall be eligible for deduction u/s 80G from their Gross total
Income.
Example 2: If the qualifying
amount is Rs.5000 and assesses donated Rs.6000 then only Rs.5000 shall be
eligible for deduction u/s 80G from their Gross total Income
4) 50% deduction, with
ceiling limit/qualifying amount:-
Under
this category some donations are notified schemes and if assesses donated to
such notified schemes then, the assesses are restricted to donate upto sum
quantum of amount (maximum ceiling limit to donate amount), even if assess
donated more amount then maximum ceiling limit then only considered maximum
ceiling limit is as donated amount and assesses shall eligible to deduction u/s
80G of 50% of donation paid amount subject to maximum limit prescribed.
(Please refer Section 80G of Income tax act 1961 to know about notified
schemes)
For understanding
Example 1: If the qualifying amount is Rs.5000 and assesses donated Rs.3000
then Rs.1500 shall be eligible for deduction u/s 80G from their Gross total
Income.
Example 2: If the
qualifying amount is Rs.5000 and assesses donated Rs.6000 then only Rs.5000
shall be considered as donation amount and Rs.2500 eligible for deduction u/s
80G from their Gross total Income
For
the purpose of above point no 3 and 4 Qualifying amount = Gross total income –
all deductions except deduction u/s 80G(Means qualifying amount is the total
income before deduction u/s 80G but after deduction of all other deductions).
IMPORTANT
AND NOTABLE AND SHOULD BE REMEMBER POINTS:
While the assessee making donation and
claiming of deduction u/s80G the following points shall be consider
1) The
donation made to the institute or trust or any other which has valid 80G
registration and the time of making donation shall only eligible to claim
deduction u/s 80G.(for ex: donation made to a small temple in a rural village
which not recognized u/s 80G is not eligible for deduction)
2) Donation
should be made in sum of money and not in Kind[Rama Verma 187 ITR 308(SC)](for
ex: cloths donated to a institute not eligible for deduction)
3) The
assessee should have proof of payment of donation and has to produce when ever
it is demanded by Assessing Officer.(ex: donation receipt which contains the
80G registration details of the institute)
4) No
deduction shall be allowed in respect of donation of any sum exceeding
Rs.10,000,unless such sum is paid by any mode other than cash(for ex: donation
of Rs.50000 is paid in cash not eligible for deduction but if it is paid
through cheque then eligible for deduction)
IMPORTANT
NOTE TO THE EMPLOYER:
While computation of TDS deduction liability of the employee
an employer shall not be consider the benefit of u/s80G deduction.
Means all the assesses should be get benefit of deduction u/s80G through
filing of return of income u/s 139 only and can get refund of TDS amount excess
deducted by the employer or any advance taxes paid excess.
Donations
notified under category 1:
1) National
Defence Fund
2) Prime
Minister’s National Relief Fund
3) Prime
Minister’s Armenia Earthquake Relief Fund
4) Africa(Public
Contributions) India Fund
5) National
Childern’s Fund
6) National Foundation for Communal Harmony
7) Approved
Universities/Educational Institutions of National Eminence
8) Maharashtra
Chief Minister’s Earthquake Relief Fund
9) Zila
Saksharta Samithi of any district
10) National/State
Blood Transfusion Council
11) Any
Fund set up by a State Gove.for providing medical relief to the poor
12) Army
Central Welfare Fund, Air Force Central Fund or Indian Naval Benevolent Fund
13) Andhra
Pradesh Chief Minister’s Cyclone Relief Fund
14) National
Illness Assistance Fund
15) Chief
Minister’s/Lieutenant Governor’s Relief fund for any State/Union Territory
16) National
Sports Fund
17) National
Cultural Fund
18) Fund
for Technology & Application set up by Central Government
19) National
Trust for welfare of persons with Autism, Cerebral Palsy, Mental Retardation
and Multiple Disabilities
20) Gujarat
Earthquake Relief Fund
Donations
notified under category 2:
1) Jawaharlal
Nehru Memorial Fund
2) Prime
Minister’s Drought Relief Fund
3) Indira
Gandhi Memorial Trust
4) Rajiv
Gandhi Foundation
Donations
notified under category 3:
1) Donation
for promoting family planning, paid to –a) government, or b) Any approved Local
Authority/Association/Institution
2) Amount
paid by a company to the Indian Olympic Association of Notified Institution,
for the development of infrastructure or sponsorship for sports and games in
India.
Donations
notified under Category 4:
1) Approved
Institutions or Fund satisfying prescribed conditions. ( if any Institution
incurs expenditure of Religious Nature not exceeding 5% of its Total Income, it
is still considered to be for charitable purpose only)
2) Donations
for charitable purposes other than promoting family planning, paid to
Government or any Local Authority
3) An
Authority constituted in India or under any other law enacted – a) for dealing
with and satisfying the need for housing accommodation, or b) planning, development
or improvement of cities, towns and villages, or c) for both
4) Any
Authority or Corporation for the benefit of Minority Community[as per
Sec.10(26BB)]
5) Any
notified Temple, Gurdwara, Mosque, Church or other notified place, for
renovation/ repair etc… means any other institute/trust or any other which is
not cover under any of the above 3 categories and got registration u/s 80G of
the Income tax act,1961.
Thank
you for spending your valuable time, the reason behind the posting of this
article is to update and clarify the doubts of the new students/learners.
Author : Dintakurthi Tirumala
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