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80CCC

ITA 1961 · Section 80CCC

Section 80CCC — Pension Fund: Approved Annuity Plans

STATUTORY ARCHITECTURE — 18-ROW MAP

Function in the statutory architecture

Section 80CCC allows an individual a deduction for any amount paid or deposited in the previous year, out of income chargeable to tax, to effect or keep in force a contract for an annuity plan of the Life Insurance Corporation of India or any other insurer for receiving pension from the fund referred to in s. 10(23AAB). The deduction is the whole amount paid, excluding interest or bonus accrued or credited, up to one hundred and fifty thousand rupees in the previous year.

The deduction is available only to individuals, and only for payments out of taxable income. It is counted with s. 80C and s. 80CCD(1) under the common ceiling in s. 80CCE.

Operative consequences

  • Where the amount standing to the assessee's credit, with interest or bonus, is received by the assessee or nominee on surrender of the annuity plan in whole or in part, or as pension, the whole amount is deemed income of the year of receipt (s. 80CCC(2)).
  • An amount taken into account under this section cannot also be deducted under s. 80C (s. 80CCC(3)(b)).
  • The combined deduction under sections 80C, 80CCC and 80CCD(1) cannot exceed one hundred and fifty thousand rupees (s. 80CCE).
  • Under the default regime, s. 115BAC(2)(i) disallows this deduction.

Status

Operative for assessment year 2026-27. Not time-limited. Clause (a) of sub-section (3) appears as "[***]"; the Act's note records its omission by Act No. 8 of 2023, w.e.f. 1-4-2023. The Finance Act, 2026 does not amend s. 80CCC.

The Income-tax Act, 1961 governs assessment year 2026-27 and earlier years; the Income-tax Act, 2025 governs tax year 2026-27 onwards. For this subject, there is no separate section; the deduction is s. 123 read with Schedule XV, para 1(x), within the Rs 1,50,000 limit in s. 123.

Case Laws & Commentary

SECTION 80CCC — DEDUCTION IN RESPECT OF CONTRIBUTION TO CERTAIN PENSION FUNDS

Case Laws & Commentary (Income-tax Act, 1961 as amended by Finance Act, 2026)

STATUTORY SCHEME (editorial summary — verbatim bare-Act text in the companion Block-1 file)

Marginal heading: Deduction in respect of contribution to certain pension funds.

Section 80CCC allows an individual a deduction for amounts paid or deposited in the previous year, out of income chargeable to tax, to keep in force a contract for any annuity plan of the Life Insurance Corporation or any other insurer for receiving pension from a fund referred to in section 10(23AAB). The deduction is subject to the section 80CCE aggregate ceiling of Rs 1,50,000. Sub-section (2) provides that where a deduction is allowed, any amount received on surrender of the policy, or as pension, is taxable in the year of receipt; sub-section (3) bars a section 80C benefit on the same amount.

A. SECTION COMMENTARY

A.1 Structural position

Section 80CCC is the pension-contribution member of the heading-'B' payment deductions and is aggregated with sections 80C and 80CCD(1) under the common Rs 1,50,000 ceiling in section 80CCE. It applies only to individuals.

A.2 Provision taxonomy

A payment-based deduction (contribution to a qualifying annuity/pension plan) coupled with a deferral mechanism: the contribution is deducted now and the pension / surrender value is taxed on receipt under sub-section (2). Sub-section (3) prevents double counting with section 80C.

A.3 Core doctrinal themes

The themes are the EET-style timing (deduct on contribution, tax on receipt), the shared section 80CCE ceiling, and the no-double-benefit bar in sub-section (3). Appellate litigation is limited.

A.4 Legislative evolution / FA amendment trail

Inserted by the Finance Act, 1996. The standalone Rs 1,00,000 limit was merged into the common section 80CCE ceiling, raised to Rs 1,50,000 from assessment year 2015-16. Not amended by the Finance Act, 2026; available only outside the default section 115BAC regime.

A.5 CA practitioner pointers

(1) Claim only contributions actually paid in the year out of taxable income. (2) The deduction shares the Rs 1,50,000 envelope with 80C and 80CCD(1) — plan the mix. (3) Pension / surrender receipts are taxable on receipt under sub-section (2). (4) Unavailable under the default regime.

B. FA 2026 IMPACT NOTE

Section 80CCC is NOT amended by the Finance Act, 2026; it remains within the section 80CCE Rs 1,50,000 ceiling and is available only under the old regime.

C. CASE LAW — CLUSTERED BY ISSUE

Cluster C-1 : Deduct-now / tax-on-receipt scheme

Statutory timing under section 80CCC(2)

Facts: An assessee deducts pension-plan contributions under section 80CCC and later receives pension or surrenders the policy.

Issue: Tax treatment of the pension / surrender proceeds.

Held: Sub-section (2) charges the amount received (pension or surrender value, including bonus/interest) to tax in the year of receipt; sub-section (3) denies any section 80C benefit on the same sum.

Ratio: Contribution is deductible; receipt is taxable — a deferral, not an exemption.

Relevance: The operative rule; the field is governed by the statute with little interpretive dispute.

Editorial note on sourcing

Editorial scheme summary prepared from the Income-tax Act, 1961 as amended by the Finance Act, 2025, read with the Finance Act, 2026; verbatim bare-Act text is carried in the companion Block-1 treatise file. Case law is restricted to reported Supreme Court / High Court authority verified against standard law reports; where a deduction is substantiated by documentary proof and generates little appellate litigation, that is stated candidly and the governing administrative material is given instead of padded citations.