80dd dependent disabled

This query is : Resolved

Mansi (Querist)
Follow

29 July 2015 Hi
Mr Father is partner is partnership firm XYZ (sleeping partner)
Mr father qualifies for 85% disability
Mr son is also a partner in said XYZ firm. (active partner)
Can mr son claim deduction under 80DD
or does mr father have to claim in section 80U?

Regards.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
Follow

30 July 2015 If Father is dependent then son can claim deduction u/s 80DD. Otherwise the Father should claim deduction u/s 80U.

Since the disability is more than 80% deduction available is Rs 1 lac. From FY 2015-16 this deduction will be Rs 1.25 Lac.

Mansi

Mansi (Querist)
Follow

30 July 2015 Hi Sanjay
Thank you for your reply.
Father is dependent on the son. But the point of contention is that the father is partner in partnership firm (as a sleeping partner). Still considering the said fact can Son claim deduction under 80DD.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
Follow

30 July 2015 What does the Partnership agreement says about the profit sharing ratio? Is any interest on capital paid?

If there is no substantial source of Income for the father then son can claim deduction u/s 80DD otherwise the father needs to claim deduction u/s 80U while filing his Income Tax Return.

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now