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C.A.M.S.ROY (C. A.) (478 Points)

11 January 2013

Dear Friend, Who can claimed the deduction u/s 80 c if LIC Premium/ School fee is paid by husband through his own bank account. Suppose LIC is 150000 and school fee 50000/- whether it is possible to claim 1 Lacs deduction by Husband and 1 Lac by wife. or deduction can be claimed by only husband who pay premium/ school fee. Tahanks in advance for your opinion.

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6 Replies

kavitha (studying final) (830 Points)
Replied 11 January 2013

yes, she can claim.... for conformation just check this link

https://www.simpletaxindia.net/2008/02/tuition-fees-paid-for-children-us-80c.html

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kavitha (studying final) (830 Points)
Replied 11 January 2013

Que:Can Mother claim the benefit of tuition fees paid for his son/daughter.

Ans:Assessee means both mother and father both can take the benefit u/s 80 C for amount paid by them respectively.

Ques:If a couple have four children,can they both claim fees for two children each?

Ans:Yes ,husband and wife both have a separate limit of two children each ,so they can claim deduction for 2 children each.

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C.A.M.S.ROY (C. A.) (478 Points)
Replied 11 January 2013

but here wife has actually not paid any amount towards school fee/lic, hence as per my opinion she cant claim deduction, only husband can claim deduction of rs 1l.

See the below point of your link ( why in this example wife not claiming the deduction of rs 1L.)

Ques:If a Couple has one child and paid a fees of 200000 rs can they both claim tuition fess 100000 each ?

Ans. :yes ,they both can claim deduction for 100000 each subject to they have actually paid same amount .If husband has paid 1.50lac and wife has paid 50000 then husband can claim 100000 and wife can claim 50000.

kavitha (studying final) (830 Points)
Replied 11 January 2013

if she has source of income, then it is not a problem i think!!! you can give lot of reasons for that

Nikhil Kaushik (Fellow CA) (85101 Points)
Replied 12 January 2013

Dear Maya,

I understand that the husband has paid LIC Rs 150,000 and tuition fees Rs 50,000. Kavitha is right, atleast in relation to tuition fees, to the extent that wife can claim exemption provided she has some source of income (which in anyways is a given assumption. No exemption would anyways be claimed, if there is no income).

But there could be catch while claiming exemption in case of LIC in case there is only one LIC policy.

Assuming there is only one LIC policy, claiming exemption for part of it in wife's tax return can't be considered as a settled judicial position and may lead to denial of exemption atleast at lower asessing officer level.

It may be noted that Indian tax laws doesn't provide for joint household taxation (other than in case of HUF). Thus husband and wife shall be treated separately for both the source exemption (payment of premium) as well application of exemption (tax return).