Saturday, May 25, 2013

80G :- Power of Employer to allow deduction 80G to their empoyees

Circular No. 8/2010 dated 13.12.2010 which is applicable for Assessment Year  2011-12 stipulates that the Drawing and Disbursing Officer (DDO)/Employer  while deducting TDS from salary of an employee cannot allow deduction u/s  80G except donations made to the Prime Minister’s Relief Fund, the Chief  Minister’s Relief Fund or the Lt. Governor’s Relief Fund. Whether the  notification would cover only these cases? 

Yes. An individual cannot avail the exemption under this notification if the claim  of deduction for donations under section 80G is for donations other than those  mentioned in Circular No.8/2010. A taxpayer has to file a return of income for  making a claim in respect of claim of deduction under section 80G for such  donations (not specified in Circular No.8/2010).

                     Clarity of deduction u/s 80G given in circular No. 8/2010 dated 13.12.2010 is also given below :-

Section 80G provides for deductions on account of donation made to various funds, charitable organizations etc. Generally no deduction should be allowed by the D.D.O. from the salary income in respect of any donations made for charitable purposes. The tax relief on such donations as admissible under section 80G of the Act, will have to be claimed by the taxpayer in the return of income. However in cases where employees make donations to the Prime Minister’s National Relief Fund, the Chief Minister’s Relief Fund or the Lieutenant Governor’s Relief Fund through their respective employers, it is not possible for such funds to issue separate certificate to every such employee in respect of donations made to such funds as contributions made to these funds are in the form of a consolidated cheque. An employee who makes donations towards these funds is eligible to claim deduction under section 80G. It is, hereby, clarified that the claim in respect of such donations as indicated above will be admissible under section 80G on the basis of the certificate issued by the Drawing and Disbursing Officer (DDO)/Employer in this behalf - Circular No. 2/2005, dated 12-1-2005.

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