Section 80 C of Income Tax Act
Section 80 C of Income Tax Act
Section 80 C of Income Tax Act
Relevant part of the section 80 C is reproduced here under. "(xvii) as tuition fees (excluding any payment towards any development fees or donation or payment of similar nature), whether at the time of admission or thereafter, (a) to any university, college, school or other educational institution situated within India; (b) for the purpose of full-time education of any of the persons specified in subsection (4) " "(4) The persons referred to in sub-section (2) shall be the following, namely: (a) ...................... b) ....................... c) for the purposes of clause (xvii) of that sub-section, in the case of an individual, any two children of such individual."
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. The deduction is available to Individual Assessee and not for HUF.
This is the only clause, where assessee can not claim tax benefit for expenditure done on himself. Means if assessee has paid tuition fess for his studies, he will not be eligible. Deduction is not available for tuition fees paid for studies of spouse. The deduction is available for Full Time courses only, so no deduction for part time or distance learning courses.(This is my opinion but point is not very clear).
Compiled by: CA. Jatin Bansal, +919814622848, cajatin.bansal@gmail.com
The fees should be paid to university, college, school or other educational institution, so no rebate for private tuitions. Tuition fees paid for coaching courses for admission in professional courses or any other type of courses are not covered as that fees is not paid for FULL time education. The center mentioned above must be situated in India, so location should be in India though it can be affiliated to any Foreign Institutes.
In this section tuition fees has a wide meaning than normal parlance, means here tuition fees means total fees paid minus any payment towards any development fees or donation or payment of similar nature, so admission fees is also allowed. In my opinion Transport charges, hostel charges, Mess charges, library fees, scooter/cycle/car stand charges are not allowed. Building fund or any donation etc not allowed.
Ques: Is late fees paid with tuition fees is eligible for deduction? Ans: No, late fees is not eligible for deduction. Ques: Is tuition fees admissible for pre nursery class also? Ans: Pre-nursery, Play school and Nursery class fees is also covered under section 80C (circular 9/2008 & 8/2007) Ques: A has paid Rs. 36000 (Rs. 8000 admission fees, rs 5000 development fees rs 5000 caution money, rs 12000 annual charges and rs 6000 @ rs 2000 per month for April-June 2008 fees) in Dec 2008. how much he can claim reimbursement as well rebates/deductions in 2008-09 and 2009-10. Ans: As explained above in the article, tuition fees meaning is wide in income tax as generally perceived, so in my opinion admission fees rs 8000 ,12000 annual charges and 6000 fees is covered for claim u/s 80C. Development Fees is not allowed and caution money, as it is refundable amount, hence not allowed. You can claim the tuition fees on payment basis whether relates to this financial year, old or coming financial year. Ques: Are there any particular educational courses for which income tax exemption is given? Ans: No specific course defined in the Income tax act, but course should be in India and a full time course. Regards,