Deductions on 80GG and 87A - requesting your advice

Tax queries 2087 views 9 replies

Q. Can I claim rent U/s 80GG for Capital gain holder like me, while my spouse is having property in the same town but no rental income received or claimed by my spouse for that year.

Can any expert please guide me, on the high time of ITR, as immediately as possible ? I will be thankful.

Q, Even though as per Ahemedabad’s ITAT’s verdic sect.87A is allowed for deduction against CG.s (STCGs,) but the i-tax dept. portal not allowing the deduction in New scheme.  

1)      Can I get the ITAT acceptable doc on the above verdict, from where shall I get.  Can the verdict be applicable/ passed on to me or everyone, So that shall I get the claim in guarantee by filing case on ITAT . How much will cost in total approxi. to win the case?

Replies (9)

you can claim a deduction under Section 80GG if you are paying rent for your accommodation and don't receive HRA. (House Rent allowance). However, if your spouse owns a property in the same town and you are not receiving or claiming rental income from that property (meaning you are staying there), you might not be eligible to claim this deduction becuase you are not actually paying rent to someone else.

The deadline for filing your income tax return for a financial year in India is usually July 31st of the next year. If you have missed this deadline, you can file a belated return by December 31st. For the current year's specifics and deadlines, check the official Income tax department of India website. 

SEction 87A of the Income Tax Act deal with rebate for resident individuals. According to the verdict you mentioned, if the ITAT (Income Tax Appellate Tribunal) has allowed a deduction against Short Term Capital Gains (STCGs), but the e-filing portal doesnot allow it under the New scheme, you might need to check the latest tax rules and updates. 

@ baskarn

Here is the link of ITAT judgement for STCG rebate 87a allowed 

 

You can download full document from this post & can use for reference for your appeal

https://taxupdates.cagurujiclasses.com/wp-content/uploads/2024/11/87A-rebate-under-new-tax-regime-2.pdf

 

 

 

Sir,

for 80GG: She is not staying in the property, sorry for your assumption. She stay's in her other relative's house paying rent. Her spouse's own house has no rental income. In that case can the 80GG be deductale against Capital gains, in both New & old regimes in I-Tax?

for 87A; I have attached the search result as latest by 2024(2) yr, no exclusion for Capital gains as income mentioned, Can any one give idea of the breakup expenses to file ITAT, should I need to appoint a lawyer/ CA, Or any individual can file case.

Can you please guide me where and how to get the authenticated verdict by ITAT (as in the link below)? Will that be acceptable by I-tax dept. for cases of  me/ any one of similar issue

https://www.caclubindia.com/articles/87a-rebate-restored-on-share-market-capital-gains-itat-ahmedabads-historic-ruling-53934.asp

 

@ Baskaran

Sorry to mention this:-

You are expecting too many miracles in a very short period.

 

Hai Sir,

Thank you very much. Great help.... 

Can I get same from the ITAT.gov.in with out knowing the ORDER no. Or on request to ITAT?

As per the ITAT decision did the JAO of IT dept gave the refund? 

Can any one give idea of the breakup expenses to file case to ITAT, should I need to appoint a lawyer/ CA, Or any individual can file case.

Once again Thanks a  lot my dear....

@ Baskaran 

You can google and the AI will fetch the ITAT ruling.

But unless your issue is for a huge amount, it is not worthwhile to go into litigation against the Income Tax Dept, any litigation is expensive, money and time wise. 

This is my view.

Hai Ranjan,

my tax payable is around twenty six thousand. How much I may need to spend to recover this money? I'm at Chennai. Will this be sanctioned by CIT(A), at Chennai or by online complaint to Bangalore - CentralData Center?

 

@ Baskaran

What I know is this.

  1. A CAPABLE tax advocate would not even sneeze at the amount mentioned by you.
  2. I mentioned the time frame. A litigation could continue for even a decade since a Government Department has centuries of time. But individuals do not have that luxury. Large companies have time and deep pockets. But even MSMEs do not have.
  3. For example, Indian railways faught a case for more than 8 years to deny refund of less than 100/- to someone. That individual finally got the refund but had already spent 100 times more on time and money spent on the case

These are the unfortunate facts.

 

 

@ Baskaran 

There are many Tax Advocates, who are advertising in this forum.

Send them a pvt message asking the question you asked me.


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