Deduction for NSC investment under 80C allowed only to payee - Professionals - Taxation - TIK Share
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Deduction for NSC investment under 80C allowed only to payee


Rahul Rai

2014-02-06

Money invested in National Saving Certificate is allowed as deduction from total income. The maximum Deduction is allowed upto 100,000.

However the deduction is allowed to the payee only. It can not be invested on the name of spouse.

As per explanation attached to this deduction allowed under section 80C.

 

Section 80C of the Income-tax Act, 1961— Certain issues clarified on deduction of sums paid as subscriptions to National Savings Certificates VI and VII Issues.

Circular No. 405, F. No. 178/1/84-IT(AII), dated January 15, 1985

 

1. Under section 80C(2)(h) of the Income-tax Act, an individual or Hindu undivided family or an association of persons or a body of individuals consisting only of husband and wife governed by the system of community of property in force in the Union Territories of Dadra and Nagar Haveli and Goa, Daman and Diu is entitled to a deduction in respect of any sums paid, in a previous year out of his or its income chargeable to tax, as subscription to any such security of the Central Government as may be specified in the Official Gazette. National Savings Certificates (NSCs) VI and VII Issues have been specified as securities for the purposes of section 80C(2)(h) and the notification has come into force from April 2, 1983.

2. The following clarifications are issued in this connection :

 (1)  Whether income-tax exemption under section 80C can be claimed by first named person in case of joint holding of NSCs VI Issue/VII Issue ?—The deduction under section 80C can be claimed by the person who has contributed the monies out of his income chargeable to tax. It can be claimed by the first named person in a joint holding if the first named person has so contributed the amount.

 (2)  Whether rebate of Income-tax under section 80C will be available were (a) NSCs VI Issue/VII Issue are purchased in the name of spouse and minor children and (b) jointly by husband and wife?—The answer in question (1) will apply also here. The deduction under section 80C is to be given to the person who has purchased the NSCs out of his income chargeable to tax.

 (3)  Whether the interest accruing to the NSCs would be included in the hands of individual or in the case of person(s) in whose name(s) the subscription has been made ?—The interest accruing on the subscription to the NSCs will be included in the hands of the person who has subscribed from his income chargeable to tax.

 (4)  Since the interest on 6 Years NSC-VI Issue is deemed to have been re-invested, whether the holder of the NSC-VI Issue is entitled to claim benefit of section 80C on this re-invested interest Rules [19 and 28 of NSC-VII Issue Rules, 1961]— The amount of interest re-invested will satisfy the test of having been paid out of income chargeable to tax to get the NSC and so will be entitled to deduction under section 80C.

 (5)  Whether a karta of HUF can buy NSCs in the name of any member of the HUF?—Where subscription to the NSCs in the name of any of member of the HUF, is shown by the family to have been made out of its income chargeable to tax and the beneficial ownership in such certificates vests in the family, the family would be entitled to a deduction under section 80C with reference to such contribution.

 (6)  Whether the interest accrued on the subscription would be included in the hands of the individual or in the hands of the person in whose name the subscription has been made ? The interest accrued would be included in the hands of the persons who purchased the NSC out of their income chargeable to tax.

[Circular No. 405, F. No. 178/1/84-IT(AII), dated January 15, 1985]