Sec 80DD & 80DDB
This query is : Resolved
23 February 2009
What are the differences between Sec 80DD & Sec 80DDB.
Can an assessee claim both on single dependent..?
Can an assessee claim both on single dependent..?
23 February 2009
SECTION 80DD
DEDUCTION IN RESPECT OF MAINTENANCE INCLUDING MEDICAL TREATMENT OF HANDICAPPED DEPENDANT
Persons Covered
Resident Individual/HUF.
Eligible Amount
1.
Deduction is available if expenditure is incurred on:
i. Medical treatment [including nursing], training and rehabilitation of a disabled dependant, or,
ii. Any payment or deposit made under a scheme framed by LIC or any other insurer or the administrator or the specified company and approved by the Board for payment of lump sum amount or annuity for the benefit of dependant with disability.
Relevant
Conditions/Points
1.
The concerned assessee must attach a copy of certificate in the prescribed Form and signed by prescribed medical authority along with return of income filed u/s 139. A fresh medical certificate may be required to be submitted after the expiry of stipulated period depending on the condition of disability as specified in such certificate.
2.
Dependant means (a) in case of an individual, the spouse, children, parents, brothers and sisters of such individual and (b) in the case of a Hindu Undivided Family, any member of HUF; and who is dependant wholly or mainly on such individual or HUF for support and maintenance and who has not claimed deduction under section 80U for the assessment year relating to previous year.
3.
Disability" has the same meaning assigned to it in Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 [hereinafter referred to as PDEOPRFP Act] and includes "autism", "cerebral palsy" and "multiple disabilities" referred to in clauses (a), (c) and (h) of Sec. 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 [NTWPACMRMD Act].
4.
Person with Severe Disability" means a person suffering from 80% or more of one or more disabilities prescribed u/s. 56(4) of PDEOPRFP Act or u/s. 2(o) of NTWPACMRMD Act.
5.
If such dependant predeceases the individual or the member of HUF in whose name the subscription is made in the scheme, the amount shall be taxable in the hands of the concerned assessee in the year of receipt.
6.
The assessee can nominate (a) disabled dependant or (b) any other person or (c) a trust, to receive the payment from the scheme for the benefit of disabled dependant.
Extent of Deduction
1.
Rs. 50,000/- in case of normal disability or (b) Rs. 75,000/- in case of severe disability, irrespective of actual expenditure incurred.
SECTION 80DDB
DEDUCTION IN RESPECT OF MEDICAL TREATMENT, ETC.
Persons Covered
Resident Individual/ HUF.
Eligible Amount
Expenditure actually incurred for the medical treatment of such diseases or ailments
specified in Rule 11DD (some of the diseases are Parkinson's disease, malignant cancers,
full blown AIDS, chronic renal failure, thalassaemia etc.) for self or dependant relative
(spouse, children, parents, brothers and sisters) in case of individual or any member of
HUF in case of HUF.
Relevant
Conditions/Points
1.
The concerned assessee must attach a copy of certificate in the prescribed Form No.10-I by a neurologist, an oncologist, a urologist, a hematologist, an immunologist or such other specialist working in Government Hospital along with Return of income.
2.
The deduction under this section shall be reduced by the amount received under insurance from an insurer or reimbursed by an employer, for the medical treatment of the concerned person.
Extent of Deduction
100% of the expenses incurred subject to ceiling of (a) Rs. 60,000/- in the case of
expenses incurred for Senior citizen (who has attained the age of 65 years or more) and
(b) Rs.40,000/- in other cases.
DEDUCTION IN RESPECT OF MAINTENANCE INCLUDING MEDICAL TREATMENT OF HANDICAPPED DEPENDANT
Persons Covered
Resident Individual/HUF.
Eligible Amount
1.
Deduction is available if expenditure is incurred on:
i. Medical treatment [including nursing], training and rehabilitation of a disabled dependant, or,
ii. Any payment or deposit made under a scheme framed by LIC or any other insurer or the administrator or the specified company and approved by the Board for payment of lump sum amount or annuity for the benefit of dependant with disability.
Relevant
Conditions/Points
1.
The concerned assessee must attach a copy of certificate in the prescribed Form and signed by prescribed medical authority along with return of income filed u/s 139. A fresh medical certificate may be required to be submitted after the expiry of stipulated period depending on the condition of disability as specified in such certificate.
2.
Dependant means (a) in case of an individual, the spouse, children, parents, brothers and sisters of such individual and (b) in the case of a Hindu Undivided Family, any member of HUF; and who is dependant wholly or mainly on such individual or HUF for support and maintenance and who has not claimed deduction under section 80U for the assessment year relating to previous year.
3.
Disability" has the same meaning assigned to it in Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 [hereinafter referred to as PDEOPRFP Act] and includes "autism", "cerebral palsy" and "multiple disabilities" referred to in clauses (a), (c) and (h) of Sec. 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 [NTWPACMRMD Act].
4.
Person with Severe Disability" means a person suffering from 80% or more of one or more disabilities prescribed u/s. 56(4) of PDEOPRFP Act or u/s. 2(o) of NTWPACMRMD Act.
5.
If such dependant predeceases the individual or the member of HUF in whose name the subscription is made in the scheme, the amount shall be taxable in the hands of the concerned assessee in the year of receipt.
6.
The assessee can nominate (a) disabled dependant or (b) any other person or (c) a trust, to receive the payment from the scheme for the benefit of disabled dependant.
Extent of Deduction
1.
Rs. 50,000/- in case of normal disability or (b) Rs. 75,000/- in case of severe disability, irrespective of actual expenditure incurred.
SECTION 80DDB
DEDUCTION IN RESPECT OF MEDICAL TREATMENT, ETC.
Persons Covered
Resident Individual/ HUF.
Eligible Amount
Expenditure actually incurred for the medical treatment of such diseases or ailments
specified in Rule 11DD (some of the diseases are Parkinson's disease, malignant cancers,
full blown AIDS, chronic renal failure, thalassaemia etc.) for self or dependant relative
(spouse, children, parents, brothers and sisters) in case of individual or any member of
HUF in case of HUF.
Relevant
Conditions/Points
1.
The concerned assessee must attach a copy of certificate in the prescribed Form No.10-I by a neurologist, an oncologist, a urologist, a hematologist, an immunologist or such other specialist working in Government Hospital along with Return of income.
2.
The deduction under this section shall be reduced by the amount received under insurance from an insurer or reimbursed by an employer, for the medical treatment of the concerned person.
Extent of Deduction
100% of the expenses incurred subject to ceiling of (a) Rs. 60,000/- in the case of
expenses incurred for Senior citizen (who has attained the age of 65 years or more) and
(b) Rs.40,000/- in other cases.
Message likes :
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23 February 2009
Thanks..........
Are there any cases which fall under both the sections.
Are there any cases which fall under both the sections.
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