India - Income Tax Act 2010 - Saarc

S. 80DDB I.T. ACT, 1961 1.400(h) “specified company” means a company as referred to in clause (h) ofsection 2 81 of the Unit Trust of India (Transfer of Undertaking andRepeal) Act, 2002 (58 of 2002).]82-83[Deduction in respect of medical treatment, etc.80DDB. Where an assessee who is resident in India has, during the previousyear, actually paid any amount for the medical treatment of suchdisease or ailment as may be specified in the rules 84 made in this behalf by theBoard—(a) for himself or a dependant, in case the assessee is an individual; or(b) for any member of a Hindu undivided family, in case the assessee isa Hindu undivided family,the assessee shall be allowed a deduction of the amount actually paid or a sumof forty thousand rupees, whichever is less, in respect of that previous year inwhich such amount was actually paid :Provided that no such deduction shall be allowed unless the assessee furnisheswith the return of income, a certificate in such form, as may be prescribed 84 ,from a neurologist, an oncologist, a urologist, a haematologist, an immunologistor such other specialist, as may be prescribed 84 , working in a Governmenthospital :81. For text of the UTI (Transfer of Undertaking and Repeal) Act, 2002, see Taxmann’s DirectTaxes Manual, Vol. 3.82-83. Substituted by the Finance Act, 2003, w.e.f. 1-4-2004. Prior to its substitution, section80DDB, as inserted by the Finance (No. 2) Act, 1996, w.e.f. 1-4-1997 and later on amendedby the Finance Act, 1999, w.e.f. 1-4-2000, read as under :‘80DDB. Deduction in respect of medical treatment, etc.—Where an assessee who isresident in India has, during the previous year, actually incurred any expenditure for themedical treatment of such disease or ailment as may be specified in the rules made inthis behalf by the Board—(a) for himself or a dependant relative, in case the assessee is an individual; or(b) for any member of a Hindu undivided family, in case the assessee is a Hinduundivided family,the assessee shall be allowed a deduction of a sum of forty thousand rupees in respectof that previous year in which such expenditure was incurred :Provided that no such deduction shall be allowed unless the assessee furnishes acertificate in such form and from such authority as may be prescribed :Provided further that the deduction under this section shall be reduced by the amountreceived, if any, under an insurance from an insurer for the medical treatment of theperson referred to in clause (a) or clause (b) :Provided also that where the expenditure incurred is in respect of the assessee or hisdependant relative or any member of a Hindu undivided family of the assessee and whois a senior citizen, the provisions of this section shall have effect as if for the words “fortythousand rupees”, the words “sixty thousand rupees” had been substituted.Explanation.—For the purposes of this section,—(i) “dependant” means a person who is not dependant for his support or maintenanceon any person other than the assessee;(ii) “insurer” shall have the meaning assigned to it in clause (9) of section 2 of theInsurance Act, 1938 (4 of 1938);(iii) “senior citizen” means an individual resident in India who is of the age of sixty-fiveyears or more at any time during the relevant previous year.’84. See rule 11D and Form No. 10-I. Rule 12 provides that the return of income shall not beaccompanied by any document or copy of any account or form or report of audit requiredto be attached with return of income under any of the provisions of the Act.