Deduction u/s 80c - Minor

[DEVKUMAR KOTHARI]

Query for discussion Can deduction u/s 80C be claimed separately in hands of minor whose income is clubbed with one of parent u/s 64? My view: yes, because on reading of S. 64(1A) we find that 'total income' / such income of minor is to be clubbed, total income means GTI minus deductions under chapter VIA. There are some decisions of ITAT, Kolkata in favor of assessee. For example in case of Harish Khetan V ACIT ITA No. 2029/Cal/ 1996 for AY. 1993-94 order dt. 19.10.2001 passed by SMC Bench and then followed by other benches. Readers may refer to my articles in Taxmann on this issue. Readesr are also requested to submit query and own views, with reference of relevant provisions and case laws, as illustrated above to make this forum really 'DISCUSSION FORUM'. Readers views are soliceted.

AI Summary

Can a Minor's Income Claim Deductions Before Clubbing with Parent's Under Section 64? Debate on Section 80C. A discussion on a forum revolves around whether a minor's income, which is clubbed with a parent's income under section 64 of the Income Tax Act, can separately claim deductions under section 80C. One participant argues that deductions should be allowed before clubbing, citing ITAT decisions supporting this view. Another participant disagrees, interpreting 'all such income' to mean the minor's entire income should be considered without deductions. They request further clarification and context for the differing interpretation. The discussion encourages sharing relevant case laws and personal views to enrich the forum's knowledge base.