Health insurance premium paid under sec 80 d exemption is inclusive of gst compnent

Tax queries 1340 views 9 replies

For the FY 2017-18 , I have paid a sum of Rs 26,015-00 as Medical Insurance Premium. I am a pensioner & a senior Citizen.

Break up of the Premium paid is as follows: Premium Rs 21920 + GST Rs 3969 + Personal Accident Insurance Premium Rs126. But my employer has taken only Rs 21920 under Sec 80 D for Income Tax calculation purpose( also shown as a deduction under sec 80 D in Form 16).  I feel that I was deprived of the tax exemption fro Rs 3969+ Rs126=Rs 4095.

As per Sec 80 D 2(a) Income Tax Act 1961 is as follows: (a) the whole of the amount paid to effect or to keep in force an insurance on the health of the assessee or his family or any contribution made to the Central Government Health Scheme or such other scheme as may be notified by the Central Government in this behalf or any payment made on account of preventive health check-up of the assessee or his family ----------------- Throughout the Sec 80 D it is very clearly mentioned " the whole of the amount paid to". 

I wish to know " whether the exemption under 80 D is inclusive of GST   OR  my employer is correct to take only the premium component of  whole of the amount paid.( excluding the amount of GST)

Replies (9)
it is inclusive of GST
and only personal accident insurance will not be eligible u/s 80D
deduction to be allowed on gst
normally insurance companies give certificate which u can see attached with policy last page for basic premium amt without gst.
u can claim only that much.

genuinenessSince the phrase used is "whole of the amount paid" therefore, it shall be inclusive of GST.

Earlier, we had ST and had a similar issue. Most of the tax practitioners and CAs were of the view that it shall be inclusive of ST element. You may find articles regarding this.

 

Although, a certificate is issued in respect of the premium, but it may not cover the GST element. The deduction should be considered by adding the GST amount because merely the premium part is not the "whole of the amount paid...". The genuineness of the payment can be substantiated by verification of the bank account.

I have recd certificate from United India insurance telling me clearly that I can claim only basic premium without gst component and only this is eligible.
if United India can give like that then expert has to advice ...since all these returns are self assessment without any proof attached...

I completely agree with RAJKUMAR that Health Insurance companies like United India insurance issues the premium certificate without including GST. As an employer, for  80C policies(life insurance,ULIP etc) benefit along with GST is given when i compute their tax liability.

But when it comes to 80D, I refer premium certificate where some of the companies issue GST and some companies may not include the GST.

When employees ask me a question I am in a fix because GST treatment is different for 80C AND 80D(because of the premium issue certificate in 80D)

PLease suggest



Read more at: https://www.caclubindia.com/forum/details.asp?mod_id=494676

https://commonmoney.home.blog/2019/02/24/section-80d-explained-in-5-simple-points/
thank you and congratulations

Clarification from IT department or helpline should be provided at earliest.


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