HRA Deduction if Landlord not giving PAN Card

Share
Share This Thread
  1. ZED

    ZED Well-Known Member

    Sir, Medical insurance is treated as per provisions of S.80D which I have mentioned for your detailed analysis.

    Sir I am deliberately abstaining from using my own wordings for this because it might give a different colour to the interpretation. I have highlighted key areas. If there is any doubt then please let me know.

    NOTE: Here 1-4-2016 means Assessment Year starting on 1-4-2016 and hence it is a Financial Year Starting on 1-4-2015




    80D. (1) In computing the total income of an assessee, being an individual or a Hindu undivided family, there shall be deducted such sum, as specified in sub-section (2) or sub-section (3), payment of which is made by any mode as specified in sub-section (2B), in the previous year out of his income chargeable to tax.

    (2) Where the assessee is an individual, the sum referred to in sub-section (1) shall be the aggregate of the following, namely:—

    (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 as does not exceed in the aggregate fifteen thousand rupees; and

    (b) the whole of the amount paid to effect or to keep in force an insurance on the health of the parent or parents of the assessee or any payment made on account of preventive health check-up of the parent or parents of the assessee as does not exceed in the aggregate [fifteen]thousand rupees.

    Following clauses (c) and (d) shall be inserted after clause (b) of sub-section (2) of section 80D by the Finance Act, 2015, w.e.f. 1-4-2016 :

    (c) the whole of the amount paid on account of medical expenditure incurred on the health of the assessee or any member of his family as does not exceed in the aggregate thirty thousand rupees; and

    (d) the whole of the amount paid on account of medical expenditure incurred on the health of any parent of the assessee, as does not exceed in the aggregate thirty thousand rupees:

    Provided that the amount referred to in clause (c) or clause (d) is paid in respect of a very senior citizen and no amount has been paid to effect or to keep in force an insurance on the health of such person:

    Provided further that the aggregate of the sum specified under clause (a) and clause (c) or the aggregate of the sum specified under clause (b)and clause (d) shall not exceed thirty thousand rupees.

    Explanation.—For the purposes of clause (a), "family" means the spouse and dependant children of the assessee.

    (2A) Where the amounts referred to in clauses (a) and (b) of sub-section (2) are paid on account of preventive health check-up, the deduction for such amounts shall be allowed to the extent it does not exceed in the aggregate five thousand rupees.

    (2B) For the purposes of deduction under sub-section (1), the payment shall be made by—

    (i) any mode, including cash, in respect of any sum paid on account of preventive health check-up;

    (ii) any mode other than cash in all other cases not falling under clause (i).

    (3) Where the assessee is a Hindu undivided family, the sum referred to in sub-section (1) shall be the whole of the amount paid to effect or to keep in force an insurance on the health of any member of that Hindu undivided family as does not exceed in the aggregate [fifteen] thousand rupees.

    Following sub-section (3) shall be substituted for the existing sub-section (3) of section 80D by the Finance Act, 2015, w.e.f. 1-4-2016 :

    (3) Where the assessee is a Hindu undivided family, the sum referred to in sub-section (1), shall be the aggregate of the following, namely:—

    (a) whole of the amount paid to effect or to keep in force an insurance on the health of any member of that Hindu undivided family as does not exceed in the aggregate twenty-five thousand rupees; and

    (b) the whole of the amount paid on account of medical expenditure incurred on the health of any member of the Hindu undivided family as does not exceed in the aggregate thirty thousand rupees:

    Provided that the amount referred to in clause (b) is paid in respect of a very senior citizen and no amount has been paid to effect or to keep in force an insurance on the health of such person:

    Provided further that the aggregate of the sum specified under clause (a) and clause (b) shall not exceed thirty thousand rupees.

    (4) Where the sum specified in clause (a) or clause (b) of sub-section (2) [or in sub-section (3)] is paid to effect or keep in force an insurance on the health of any person specified therein, and who is a senior citizen, [or a very senior citizen], the provisions of this section shall have effect as if for the words "[fifteen] thousand rupees", the words "[twenty] thousand rupees" had been substituted.

    [Explanation.—For the purposes of this sub-section, "senior citizen" means an individual resident in India who is of the age of sixty years or more at any time during the relevant previous year.]

    (5) The insurance referred to in this section shall be in accordance with a scheme made in this behalf by—

    (a) the General Insurance Corporation of India formed under section 9 of the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972) and approved by the Central Government in this behalf; or

    (b) any other insurer and approved by the Insurance Regulatory and Development Authority established under sub-section (1) of section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999).

    Following Explanation shall be inserted to section 80D by the Finance Act, 2015, w.e.f. 1-4-2016 :

    Explanation.—For the purposes of this section,—

    (i) "senior citizen" means an individual resident in India who is of the age of sixty years or more at any time during the relevant previous year;

    (ii) "very senior citizen" means an individual resident in India who is of the age of eighty years or more at any time during the relevant previous year.
     
    Last edited: Oct 2, 2015
  2. Respected Sir,
    I am a COPD patient and regularly taking medicines. My two sons are well employed
    and in Software profession and they are all covered by Group insurance. I am aged
    73 and retired Ex-Accountant of BEST & CROMPTONS ENGG.LTD. CHENNAI but
    unfotunate employee of 33 years of long service and had award too as well special
    increments. Due to Companies financial crisis taken over by UB Group,not awarded
    in my case pension promotional grade as well VRS compensation on par with other
    equal grade experience employees aged 50 above. Out of 50 application, my VRS
    compensation and pension are not considered but granted special increment at
    the age of 52. That is my fate. Since I am aged 73 now, I am not too eligible for
    Govt.of India pension scheme and medical scheme for Senior Citizens. I don`t have
    medical claim policy too and health wise no hospital admission expenses so far
    by God`s Grade for the past 10 years. My sons are having group insurance policy
    in their companies included my name and covered Medical benefits. I am asking
    personal question only but for the benefit of Similar case Senior Citizens too. Your
    valuble suggesstion to Senior Citizens plight for huge medical exenses including
    cost of medicines , tests fees etc. Since COPD, ie Asthama breathing difficulty due
    to pollution , alergy in food etc. is preexisting discease, my claim so far though
    covered in Medical insurance in my Company, it was rejected. except settling small
    amount of Rs,500/= or so towards tests. In view of the above, no body is able to
    pay medical insurance premium especially Senior Citizen aged 70 and above with
    no regular source of income but depending on Sons Care. I am fortunate in this
    aspect,my daughterinlaws and sons are looking after well upto writing this mail Sir.
    Can you pl. guide me with good suggesstions?
    Regards
    Sincerely
    M.Ramasubramanian.
     
  3. ZED

    ZED Well-Known Member

    Sir I am not sure as to what is your query. I will try my best to answer your queries.


    I wish to say that there are family floater policy in which all the members of the family are covered and for senior citizen special packs are available but premium is high.

    There is not much issues regarding cashless and mediclaim if insurance is from that entity in which govt. has major stake like Oriental Insurance.
     
  4. Sir,
    I am trying my level best to look at web of Oriental insurance,but my attempts vain.
    I took Senior Citizen policy with Star insurance for 3 Lacsand made payment for annual premium of Rs.15000/= which I hope comparatively minimum possible at the retired life. Although,a COPD COHD patient having preexisting discease taking regular treatment to containthe breathing difficulties without hospitalization expenses,with regular check up every
    year at my cost. I am very glad to inform you that Iam a patient/Cardiologist Dr. Thillai Vallal at St.Isapel hospital ,Oliver Road, Mylapore and nowownsVenkateswara Hospital Nandanam Chennai. Now,I am under the care of Dr. K.N.SreenivasanVisitingCardiologist,J.V.Hospital, Railway border Road, Kodambakkam,Chennaiwhich is very near to my residence. Now, with the existing medicines, I am healthy and noneed I hope to go to hospital ie after 1998 due to regular treatment and prescribtions by able Doctors. Any way to cover the risk, I need at this age 73 though healthy healthpolicy and hence, I took from Star Insurance Senior Citizen policy,which I believe is best one as to my knowledge.
    Thanks, for your reply.
    Regards,
    M.Ramasubramanian.
     
    Last edited: Oct 6, 2015
    ZED likes this.
  5. AbhishekTiwarii

    AbhishekTiwarii New Member

    I thought The PAN Card photocopy of the landlord is required?
    Please confirm if its xerox copy or just the PAN Card number is required.
    In case he is not willing to give either, what are the alternatives?
    I can request over email/sms - can that be counted as some proof
    Regards
    Abhishek
     
  6. ZED

    ZED Well-Known Member

    Even the no. would do because you can track the details by the no. , but prefer the photocopy.
    In case the PAN is not in existence, a declaration can be given to this effect (refer to the earlier post)
     
  7. AbhishekTiwarii

    AbhishekTiwarii New Member

    Thanks. Incase if the landlord is totally unfriendly in giving his details, then?
    Any solution in that case?
    Regards
    Abhishek
     
  8. ZED

    ZED Well-Known Member

    Either claim less HRA exemption or if someone in the family is in lower tax bracket than yours then, you can have the rent agreement between that person and the owner ,and then that person should sub-let the house to you and give his PAN.
    This way you can claim full HRA and also submit PAN.
    [But its better to avoid such transactions as AO might take a view that this has been done specifically to provide higher tax benefit to the assessee]
     
  9. AbhishekTiwarii

    AbhishekTiwarii New Member

    Another Question I have. Do we need a rental agreement copy to be enclosed along with the Income Tax return
    OR
    Rental Receipts are good enough?
     
  10. AbhishekTiwarii

    AbhishekTiwarii New Member

    Can I search the PAN number of any invidual over internet just by knowing the person name or we would need other fields like : DOB,address etc
     
Draft saved Draft deleted
Loading...
Similar Threads Forum Date
LATE DEPOSIT IN PPF ACCOUNT: IS IT ELIGIBLE FOR DEDUCTION Income Tax Aug 5, 2017
Tax Exemption / Deduction from total Income - Medical Expences Income Tax Jul 27, 2017
Deduction under 80 D for two years health policy Income Tax Jul 25, 2017
Dependent with Severe disability- tax deduction Income Tax Jul 21, 2017
application under section 197 for lower deduction of tds Income Tax Jul 9, 2017