Deduction u/s 80u

Tax queries 273 views 1 replies

Hello Friends,

An army personnel with Rank of Major is Suffering from Diabetes (20%), Hypertension (30%) and dyslipidemia as per medical certificate received from Army Medical. Whether he can get the deduction u/s 80U? if yes, to what extent?

Further, whether we need to send the certificate along with the ITR V acknowledgment to Income Tax department?

Can anyone help me?

Replies (1)

Exemmption shall not be allowed.

 

S.80 U Explanation

"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); 

 

 

As per The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

 

  1. "Disability" means-
    1. blindness;
    2. low vision;
    3. leprosy-cured;
    4. hearing impairment;
    5. loco motor disability;
    6. mental retardation;
    7. mental illness

 

National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999); 

"Multiple Disabilities" means a combination of two or more disabilities as
defined in clause (i) of section 2 of the Person with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of
1996)

 

(a) "autism" means a condition of uneven skill development primarily affecting
the communication and social abilities of a person, marked by repetitive and
ritualistic behaviour
 
 
(c) "cerebral palsy" means a group of non-progressive conditions of a person
characterised by abnormal motor control and posture resulting from brain
insult or injuries occurring in the pre- natal, peri-natal or infant period of
development
 
 
 
Explanation to S.80 U continued

"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).


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