Individual, AY 2025-26.
MACT interest (u/s 56(2)(viii)) received: ₹12,98,921; TDS u/s 194A: ₹2,59,784.
Filing ITR-2. Software shows Schedule OS → Part II → 3(a)i (“other s.57 deductions”).
Questions:
Under 115BAC(1A), is s.57(iv) (50% deduction on interest on compensation) admissible? If yes, please share official authority (Finance Act/Memorandum, CBDT ITR-2 instructions or schema rule, circular/notification).
As per the sec 57 as attachment 50% of the interst on compensation is allwoed to be deductible.
Deductions.
57. The income chargeable under the head "Income from other sources" shall be computed after making the following deductions, namely :—
| (i) | in the case of dividends, 69[other than that referred in sub-clause (f) of clause (22) of section 2] or interest on securities, any reasonable sum paid by way of commission or remuneration to a banker or any other person for the purpose of realising such dividend or interest on behalf of the assessee ; | |
| (ia) | in the case of income of the nature referred to in sub-clause (x) of clause (24) of section 2 which is chargeable to income-tax under the head "Income from other sources", deductions, so far as may be, in accordance with the provisions of clause (va) of sub-section (1) of section 36; | |
| (ii) | in the case of income of the nature referred to in clauses (ii) and (iii) of sub-section (2) of section 56, deductions, so far as may be, in accordance with the provisions of sub-clause (ii) of clause (a) and clause (c) of section 30, section 31 and sub-sections (1) and (2) of section 32 and subject to the provisions of section 38 ; | |
| (iia) | in the case of income in the nature of family pension, a deduction of a sum equal to thirty-three and one-third per cent of such income or fifteen thousand rupees, whichever is less: | |
| 70[Provided that in a case where income-tax is computed under clause (ii) of sub-section (1A) of section 115BAC, the provisions of this clause shall have effect as if for the words "fifteen thousand rupees", the words "twenty-five thousand rupees" had been substituted.] | ||
| Explanation.—For the purposes of this clause, "family pension" means a regular monthly amount payable by the employer to a person belonging to the family of an employee in the event of his death; | ||
| (iii) | any other expenditure (not being in the nature of capital expenditure) laid out or expended wholly and exclusively for the purpose of making or earning such income; | |
| (iv) | in the case of income of the nature referred to in clause (viii) of sub-section (2) of section 56, a deduction of a sum equal to fifty per cent of such income and no deduction shall be allowed under any other clause of this section: |
Provided that no deduction shall be allowed from the dividend income, or income in respect of units of a Mutual Fund specified under clause (23D) of section 10 or income in respect of units from a specified company defined in the Explanation to clause (35) of section 10, other than deduction on account of interest expense, and in any previous year such deduction shall not exceed twenty per cent of the dividend income, or income in respect of such units, included in the total income for that year, without deduction under this section:
71[Provided further that no deduction shall be allowed in case of dividend income of the nature referred to in sub-clause (f) of clause (22) of section 2.]
Explanation.—[Omitted by the Finance Act, 1988, w.e.f. 1-4-1989.]
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....HC held that interest awarded in motor accident claim cases from the date of claim petition until award or appellate judgment is not taxable income. The compensatory interest, integral to calculating just compensation, does not constitute chargeable income under Income Tax Act. Sections 56(2)(viii), 145B(1), and 194A do not alter the non-taxable nature of such interest. The interest, being compensatory and linked to delayed computation of compensation, remains exempt from taxation. The ruling aligns with Supreme Court precedents interpreting the compensatory character of such interest awards in motor vehicle accident compensation cases.....
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