Eligibility of Section 80D deduction for dependent

VS (NA) (39 Points)

24 July 2022  

Dear experts,

I have a question on whether deduction under 80D can be claimed in this particular scenario.

My father, who is a super senior citizen, has income from pension and interest from some bank deposits. His total income is be above the minimum slab. During the financial year, he spent money on medical expenses related to surgery and treatment for my mother (his spouse) - which typically would have been eligible for 80D deduction (upto Rs. 50,000 from what I understand) since it was for his spouse (dependent).

Now, my mother will also have to file a tax return since she has had TDS withheld from her bank deposit interests. Her total income from this is below the minimum slab and so she will be eligible for a full refund for the entire TDS amount. 

My question is -- since my mother will also be filing a tax return, can my father still claim the 80D deduction for the money he spent on my mother's medical expenses? Or is it the case that only my mother will be able to claim it (but in this case, she won't benefit from it it since she is getting full refund anyway).

Thank you for your guidance on this