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| Taxation India |
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| EXEMPTION UNDER INCOME TAX ACT |
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| There are special provisions in the Income Tax Act for persons with disability
and for the parents/ legal guardians of persons with disability. The relevant
sections are reproduced below.
SECTION 80 U of the Income Tax Act 1961: Allows an exemption of Rupees
Forty Thousand from the income of the assessee with disability.
Requirement for availing
the discount: Disability Certificate issued by a physician, an Oculist, or
a Psychiatrist as the case may be, working in a Government Hospital.
SECTION 80 DD of the Income Tax Act 1961: Parent or
relative upon whom the person with disability is dependent is allowed deductions
of Rupees Forty Thousand for maintenance, which includes medical treatment
of person with disability. The specifics of the deduction allowed are contained
in the extracts reproduced below. Visitors are urged to take these as pointers,
to help them know where to look for the appropriate rule. The published income
tax rules, with their periodic amendments.
And remember: you can always give your suggestions for changes in the
income tax act. If you don't try, it won't happen! |
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INCOME TAX ACT EXTRACTS
Section 80DD
Deduction in respect of maintenance including medical
- Where an assessee, who is a resident
in India, being an individual or Hindu undivided family has, during the previous
year:
- Incurred any expenditure for the medical
treatment (including nursing), training and rehabilitation of a handicapped
dependant; or
- Paid or deposited any amount under a
scheme framed in this behalf by the Life Insurance Corporation or Unit Trust
of India subject to the conditions specified in sub-section (2) and approved
by the Board in this behalf for the maintenance of handicapped dependant.
The assessee shall in accordance with and subject to the provisions of this
section, be allowed a deduction of a sum of forty thousand rupees in respect
of the previous year.
- The deductions under clause (b) of sub-section
(1) shall be allowed only if the following conditions are fulfilled, namely:
- The scheme referred to in clause (b)
of sub-section (1) provides for payment of annuity or lump sum amount for
the benefit of a handicapped dependant in the event of the death of the individual
or the member of the Hindu undivided family in whose name subscription to
the scheme has been made;
- The assessee nominates either the handicapped
dependant or any other person or trust to receive payment on his behalf,
for the benefit of the handicapped dependant.
- If the handicapped dependant predeceases
the individual or the member of the Hindu undivided family referred to in
sub-section (2) an amount equal to the amount paid to be deposited under
clause (b) of sub-section (1) shall be deemed to be the income of the assessee
of the previous year in which such amount is received by the assessee and
shall accordingly be chargeable to tax as the income of the previous year.
- In this section,
- "Government hospital" includes a departmental
dispensary whether full-time or part-time established and run by a Department
of the Government for the medical attendance and treatment of a class or
classes of Government servants and members of their families, a hospital
maintained by a local authority and any other hospital with which arrangements
have been made by the Government for the treatment of Government servants;
- "handicapped dependant" means a person
who -
- is a relative of the individual or, as
the case may be, is a member of the Hindu undivided family and is not dependant
on any person other than such individual or Hindu undivided family for his
support or maintenance; and
- is suffering from a physical disability
(including blindness) or is subject to mental retardation, being a permanent
physical disability or mental retardation specified in the rules 8 made by
the Board for the purposes of this section, which is certified by a physician,
a surgeon, an oculist or a psychiatrist, as the case may be, working in a
Government hospital, and which has the effect of reducing considerably such
person's capacity for normal work or engaging in a gainful employment or
occupation;
- "Life Insurance Corporation" shall have
the same meaning as in clause iii) of sub-section 8) of section 88;
- (Unit Trust of India" means the Unit
Trust of India established under the Unit Trust of India Act, 1963 (52 of
1963).
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Rule 11D specified categories to be considered
as "physical disability" for the above sections.
Permanent physical disability: Physical disability shall be regarded as a permanent physical disability
if it falls in any of the categories specified below, namely:
- permanent physical disability of more
than 50 percent in one limb; or
permanent physical disability of more
than 60 percent in two or more limbs; or permanent deafness with hearing impairment
of 71 decibels and above; or
- permanent and total loss of voice.
Blindness: Blindness shall
be regarded as a permanent physical disability, if it is incurable and falls
in any of the categories specified below, namely: |
Category |
All with corrections |
Better Eye |
Worse Eye |
1. |
6/60-4/60
or field of vision 110-20 |
3/60 to Nil |
2. |
3/60 to 1/60
or field of vision 100 |
FC at 1 foot
to Nil |
3. |
FC at 1 foot
to Nil or field of vision 100 |
FC at foot
to Nil or field of vision 100 |
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Mental Retardation: Mental retardation shall
be regarded as a mental retardation if Intelligence Quotient is less than
50 on a test with a mean of 100 and a standard deviation of 15 such as the
Vechsle Scale. |
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| INDIRECTLY CONNECTED
PROVISIONS
Deductions are allowed to persons making
donations to registered trusts and societies doing work for the handicapped.
The relevant sections are 80G and 80GGA.
Under Section 80G deduction from income
is allowed at 50 percent of the amount donated to the eligible institution.
The amount on which deduction is claimed under the section, however, cannot
exceed 10 percent of the gross total income.
exemptions. This is only in respect of certain specific projects for research,
development etc. (Section 80GGA).
Deductions in respect of donations may
be claimed by all assessees, i.e. individuals, Companies etc. |
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