Can a professional claim exemption under S. 80E

I have a query regarding S. 80 (e) Exemption under the IT Act. I availed an education loan in 2010 and have started working now. My office has categorized my employment as a “professional” and not as a salaried employee. I want to know whether as a professional fee earner (they pay me a retainer fee) if I can use this deduction. If not, are there any other methods that I can claim a deduction under the IT Act as a professional fee earner. Can I make an application to the regional AO to grant a certificate for exemption of TDS so I can avoid TDS being deducted every month or will I have to file and claim taxes at the end of the financial year. Thanks.

asked Jun 17 '12 at 22:50 by Nidhi 111


You can get 80E deduction at the time of income tax return filing. This section applies to all income tax payee and not only to salaried employees.

As your company is paying you as a retainer/professional, they would have to pay you after deducting flat 10% TDS. They would have to do same and it cannot be avoided.

Only way to get back tax amount deducted as TDS would be to ask refund at the time of income tax return filing.

answered Jun 19 '12 at 00:54 by Pankaj Batra 5.2k320

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Asked: Jun 17 '12 at 22:50

Seen: 1,849 times

Last updated: Jun 19 '12 at 00:54