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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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