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Section 80U – Deduction in case of Person with Disability

U.C Date : 25 Feb 2015

Eligible assesse – Resident individual with disability (may be ordinarily resident or not ordinarily resident)

Amount of Deduction up to financial year 2014-15

The amount of deduction under section 80U is fixed, irrespective of the amount of expenditure or the amount paid/deposited as under

  • Disability of less than 80% but not less than 40% – Fixed deduction of Rs. 50,000
  • Disability of 80% or more – Fixed deduction of Rs. 1,00,000

Amount of Deduction from financial year 2015-16

The amount of deduction under section 80U is fixed, irrespective of the amount of expenditure or the amount paid/deposited as under

  • Disability of less than 80% but not less than 40% – Fixed deduction of Rs. 75,000
  • Disability of 80% or more – Fixed deduction of Rs. 1,25,000

Certificate – A certificate issued by the medical authority is required for claiming deduction under this section. If the disability requires reassessment, then a fresh certificate has to be obtained. Form no. 10IA is to be filed for this purpose. If the certificate is expiring in a year then also deduction can be claimed in that year but should be renewed to continue deduction in next financial years.

In present day scenario, such certificate is not required to furnish with return of income, but to be submitted to Assessing officer only if demanded by him.

If the handicapped dependant himself takes deduction under section 80U, then deduction under section 80DD is not available in respect of such handicapped decision.

Meaning of disability-

(i) blindness;

(ii) low vision;

(iii) leprosy-cured;

(iv) hearing impairment;

(v) locomotor disability;

(vi) mental retardation;

(vii) mental illness;

Certificates can be obtained from medical authorities as authorized by the government which can include a MD in Neurology, paediatric neurologist Chief Medical Officer (CMO) or Civil Surgeon at a government hospital.

Bare Act for Sec 80U

Bare Act for Sec 80U

(1) In computing the total income of an individual, being a resident, who, at any time during the previous year, is certified by the medical authority to be a person with disability, there shall be allowed a deduction of a sum of fifty thousand rupees :

Provided that where such individual is a person with severe disability, the provisions of this sub-section shall have effect as if for the words “fifty thousand rupees”, the words “seventy-five thousand rupees” had been substituted:

Provided further that for the assessment years beginning on or after the 1st day of April, 2010, the provisions of the first proviso shall have effect as if for the words “seventy-five thousand rupees”, the words “one lakh rupees” had been substituted.

(2) Every individual claiming a deduction under this section shall furnish a copy of the certificate issued by the medical authority in the form and manner, as may be prescribed, along with the return of income under section 139, in respect of the assessment year for which the deduction is claimed :

Provided that where the condition of disability requires reassessment of its extent after a period stipulated in the aforesaid certificate, no deduction under this section shall be allowed for any assessment year relating to any previous year beginning after the expiry of the previous year during which the aforesaid certificate of disability had expired, unless a new certificate is obtained from the medical authority in the form and manner, as may be prescribed84, and a copy thereof is furnished along with the return of income undersection 139.

[Explanation.—For the purposes of this section,—

(a) “disability” shall have the meaning assigned to it in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), and includes “autism”, “cerebral palsy” and “multiple disabilities” referred to in clauses (a), (c) and (h) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999);

(b) “medical authority” means the medical authority as referred to in clause (p) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), or such other medical authority as may, by notification, be specified by the Central Government for certifying “autism”, “cerebral palsy”, “multiple disabilities”, “person with disability” and “severe disability” referred to in clauses (a), (c), (h), (j) and (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999);

(c) “person with disability” means a person referred to in clause (t) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), or clause (j) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999);

(d) “person with severe disability” means—

(i)  a person with eighty per cent or more of one or more disabilities, as referred to in sub-section (4) of section 56 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996); or

(ii)  a person with severe disability referred to in clause (o) of section 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999).]]

Related Article – http://taxguru.in/income-tax/budget-2015-section-80u-deduction-limit-raised.html

2 comments

  1. How will i come to know that at which condition(Less than 40% or Higher than 40%).

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