Deduction u/s 80G

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This query is : Resolved

Naresh Solanki (Querist)
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03 August 2010 I have made donation of Rs. 85000 to notified temple and which is eligible for deduction u/s 80G (written on receipt), but my employer (company) denying the deduction saying that u will not get deduction from company. Please advice with relevant section and is possible please also provide me with some case law

CA. Pradeep Nayak

CA. Pradeep Nayak (Expert)
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03 August 2010 Your employer is right. Donations made to charitable & religious trusts will not be considered for the purpose of TDS u/s 192. You have to claim the deduction separately while filing your income tax return.

Deduction can be claimed u/s 80G at 50% of the amount donated, subject to a maximum of 10% of your Gross total income.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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03 August 2010 If at all the donation is eligible for 80G deduction, for computing TDS by the employer, they are not supposed to take into account donation. Consequently, the employee has to file the income tax return by availing the deduction under section 80G, if it as eligible donation.

VINOD ARORA

VINOD ARORA (Expert)
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03 August 2010 Agreed

CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)
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03 August 2010 AGREED, AS PER CIRCULAR NO.1/2010 DATED 11 JAN 2010, IT IS CLEARY MENTIONED THAT 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.

HENCE AT THE TIME OF FILING ITR , YOU CAN CONSIDER IT.