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FAQs
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Can Income Tax exemption under Section 88 be claimed by the second-
named person in case of a joint-holding NSC ?
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By
all means. In case of a joint holding, the deduction under Section
88 of the Income Tax Act, 1961 can be claimed by either the first
holder or the second holder depending on who has contributed the
amount.
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Can
one claim the Section 88 benefit on the interest on the NSC scheme
which is deemed to have been reinvested ?
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The
interest accruing at the end of each year and deemed to have been
reinvested upto the 5th year does qualify for tax rebate under
section 88 of Income Tax Act.
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Will
the income tax rebate under Section 88 be available to the
husband/father in those cases where the NSCs are purchased by him
out of his income in the name of his wife/minor children ?
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No,
as clarified by the CBDT in their letter No.DIR(HQ)/CH(DT)95/1090
dated 22.8.1995, father/husband cannot claim rebate under section 88
of the ITA where the investment in NSC is made out of the income of
wife/minor child.
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If
the holder of a Savings Certificate dies, who gets the amount due to
be paid to the deceased ?
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Similar
to Bank Accounts a nomination facility is available and necessary
for Savings Certificate Schemes and the nominee receives the
proceeds due to the deceased person.
If a person dies and is the holder of a savings certificate at the
time of death and there is no nomination in place at the time of his
death and probate of his will or letters of admiration of his estate
or a succession certificate granted under the Indian Succession Act,
1925 (39 of 1925) is not submitted within the three months of the
death of the holder to the prescribed authority, then if the sum due
on the savings certificate does not exceed the limit as may be
prescribed, the concerned authority may disburse the amount to any
person appearing to receive it, who will be entitled to receive the
sum or to administer the estate of the deceased.
In case of minors where a nominee has not been appointed, the
payment can be made to any guardian of the property of the minor
appointed by a competent court, or to either parent of the minor.
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If
a girl makes a deposit and gets married by the time the deposits
matures, would there be any problems ?
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Any
deposit made by or on behalf of a married woman, or on behalf of a
woman who marries after the deposit and before it matures, can
receive the deposit on maturity , whether or not section 20 of the
Indian Succession Act 1925 (39 of 1925) applies to her marriage. The
receipt for the money paid to her under this section shall be a
sufficient proof of payment.
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Can
the 'Karta' of a Hindu Undivided Family (HUF) buy NSC in the name of
any member of the HUF ?
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Yes.
When a subscription to the National Savings Certificates is made in
the name of any member of the Hindu Undivided Family out of the
HUF's income chargeable to tax and the beneficial ownership of this
investment vests in the family, the HUF would be entitled to a
deduction under Section 88 with reference to such contribution.
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How
should the interest accrued on subscription to NSC be treated when
the subscription is made in the name of a person other than the
assessee claiming the rebate ?
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The interest accrued on the subscription would only be
given to the person/persons who purchased the NSCs out of their
taxable income.
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