Substitution of new section for sections 80DD and 80DDA

Section 28 of the Finance Act, 1998 deals with substitution of new section for sections 80DD and 80DDA. Substitution of new section for sections 80DD and 80DDA.

Substitution of new section for sections 80DD and 80DDA.

28. For sections 80DD and 80DDA of the Income-tax Act, the follow­ing section shall be substituted with effect from the 1st day of April, 1999, namely :—

‘80DD. Deduction in respect of maintenance including medical treatment of handicapped dependent.—(1) In computing the total income of an assessee who is a resident of India, being an individual or a Hindu undivided family, there shall be deducted, in accordance with and subject to the provisions of this section, the amount—

(a) of expenditure incurred by way of medical treatment (including nursing), training and rehabilitation of a handicapped dependent; or

(b) paid or deposited under any 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 dependent,

out of his income chargeable to tax:

Provided that no such amount shall exceed forty thousand rupees in the aggregate under clause (a) or clause (b) or both.

(2) The deduction under clause (b) of sub-section (1) shall be allowed only if the following conditions are fulfilled, namely :—

(a) 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 dependent 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;

(b) the assessee nominates either the handicapped dependent or any other person or a trust to receive the payment on his behalf, for the benefit of the handicapped dependent.

(3) 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 or 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 that previous year.

(4) In this section,—

(a) "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 maintained by a local authority and any other hospital with which arrangements have been made by the Government for the treatment of Government servants;

(b) "handicapped dependant" means a person who—

(i) 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

(ii) is suffering from a permanent physical disability (including blindness) or is subject to mental retardation, being a permanent physical disability or mental retardation specified in the rules 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;

(c) "Life Insurance Corporation" shall have the same meaning as in clause (iii) of sub-section (8) of section 88;

(d) "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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Section 28, The Finance Act, 1998.