Article discusses Benefits under Income Tax and Profession Tax Act Available to Disabled or Handicapped Persons. Income Tax Act Provides Deduction Under Section 80DD, Section 80DDB and Section 80U and also provide indirect tax benefit under section 64 of the Income Tax Act to Disabled / Handicapped Persons.

In addition to that In most states in India Profession tax exemption is been extended to Disabled or Handicapped Persons and we will discuss the provisions applicable in state of Maharashtra.

As per The Persons With Disabilities Act, 1995   “Disability” means-(I) Blindness; (ii) Low vision; (iii) Leprosy-cured; (iv) Hearing impairment; (v) Loco motor disability; (vi) Mental retardation; and (vii) Mental illness  (viii) autism (ix) cerebal palsy (x) multiple disability and  “Person with disability” means a person suffering from not less than forty per cent. of any disability as certified by a medical authority;

As per Wikipedia Disabilities is an umbrella term, covering impairments, activity limitations, and participation restrictions. An impairment is a problem in body function or structure; an activity limitation is a difficulty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in involvement in life situations. Thus, disability is a complex phenomenon, reflecting an interaction between features of a person’s body and features of the society in which he or she lives.

Deducation Under Section 80U of Income Tax Act 1961 For Disable Persons

1. Deduction Under Section 80U of Income Tax Act, 1961 for disabled persons

The Income Tax Act, 1961 provides deduction u/s. 80 in pursuance of which an individual (Indian citizen and foreign national) who is resident of India, and who suffers from not less than 40 per cent of any disability is eligible for deduction to the extent of Rs. 75,000/- and in case of severe disability to the extent of Rs. 1,25,000/-.

2. Deduction u/s. 80DD for expenses on maintenance/ medical treatment of disabled dependent

Government of India has in order to provide some relief to those who have a dependent with disability or sever disability provided some relief’s from Income tax under section 80DD of the Income Tax Act, 1961. Deduction allowed under this section is Rs. 75,000 if disabled dependant is not suffering from severe disability.  Deduction allowed goes up to Rs. 1,25,000 if disabled dependant is a person with severe disability.

Deduction not depend on amount of expenses incurred:- Even if your actual expenses on above mentioned disabled dependent relative is less than amount mentioned above you will be eligible to full deduction.

3. Medical treatment of specified ailments under section 80DDB

Deductions of expenses on medical treatment of specified ailments (such as AIDS, cancer and neurological diseases) can be claimed under Section 80DDB. The maximum amount of deduction allowed from gross total income is restricted to Rs 40,000 (which goes up to Rs 60,000 if the age of the person treated is 60 years or more and Rs 80,000 if the age of the person treated is 80 years or more) on condition that no medical reimbursement is received from any insurance company or employer for this amount. In case of reimbursement the amount paid should  be reduced by the amount received if any under insurance from an insurer or reimbursed by an employer. However wef A.y 2019-20 the above limit of Rs 60000 and Rs 80000 has been increased to Rs 1,00,000

4. Transport allowance Under Section 10(14) Read with Rule 2BB

Employees with visual and orthopaedic disabilities get double the usual tax-exempt transport allowance granted to others. For an employee who is blind or with disability of the lower limbs, the exempted amount is Rs. 3200 per month. Such employees can request their employers to structure their pay so that they get Rs. 3200 a month as transport allowance.

5. No Clubbing of Income of Disabled Minor with Income of his Parents Under Section 64

Although there is no direct deduction under section 64 but income generated by minor child who is disable will not be clubbed with the Income of his parents.  As the income of the child is not clubbed the child is treated as a separate Individual and can file his independent Income Tax return with all its benefits. An Individual can transfer their revenue generating asset like fix deposits in the name of disable child and the interest earned will not be clubbed with the income of individual but will be assessed separately, which provides significant scope for tax savings.  Further the disable child while filing its own return can claim benefit under section 80U. Clubbing Of Income under the Income Tax Act, 1961 (Section 60 to Section 64)

6. Exemption from payment of Profession Tax under Section 27A  of Profession Tax Act, Maharashtra  State

Any person suffering from a permanent physical disability (including blindness), being a permanent physical disability specified in the rules made in this behalf by the State Government, which is certified by a physician, a surgeon or an oculist, as the case may be, working in a Government Hospital is exempt from Complete amount of professional tax payable. To Claim Exemption   individual shall forward the certificate to employer who will produces the aforesaid certificate before the prescribed authority in respect of the first assessment year for which he claims deduction under the act. Since Profession Tax is a Matter of state government so a disabled person working in as state where profession tax is applicable can check the respective profession tax law of their state to check if profession tax exemption is exist for them or not. In India In most states the Professional tax is exempted for disable person.

Read Below article for Profession Tax Rates Applicable in Maharashtra and also about exemption from Profession tax in Maharashtra to Handicapped Person with more than 40 % disability or parent of a physically disabled or mentally retarded child  – New Profession Tax Rates in Maharashtra & Provisions

(Republished with Amendments)

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59 responses to “Income / Profession Tax Benefits for Disabled / Handicapped Persons”

  1. S.V.Vhary says:

    Is there any exemption towards late remittance interest on balance income tax upto submission of return by Handicapped employees?

  2. Ajay Kumar Gupta says:

    Sir I AM 70% ORTHO HANDICAP I AM EMPLOYED POSTOFFICE SIR HAME KITNA REBET MILNA CHAHIYE
    PLEASE COMMENT ME SIR

    • DILIPKUMAR SHANKARDAS PATEL says:

      sir I AM 85 % ORTHO. HANDI CAPPED TEACHER IN GUJARAT GOV. SCHOOL. SO I AM ELIGIBLE FOR HANDICAPPED ALLOWANCE? PL. I REQUEST TO GIVE ME CURRICULAR . THANT U

  3. CA. M. Lakshmanan says:

    As per section 80A(1) and (2) the aggregate amount of deduction allowable u.s. 80C to 80U can not exceed the Gross Total Income as reduced by Short Term Capital Gains from equity shares etc., (u/s 111A) or any Long Term Capital Gains (u/s 112 or 112A). Hence if the income consists of only Capital Gains, the deduction is denied, which is against the sole purpose of deduction.

  4. Sachin Moreshwar patil says:

    Sir my son of age 10th is Low vision with 100% can I get exemption in proffetional tax and income tax

  5. Padam Singh says:

    Sir I am disabled with 50% and my spouse has 90% disability and fully dependent on me and unemployed and I am a teacher.Sir what will be tax deduction for me under section 80u and 80dd.Sir please send a relevant letter also if any .
    With Regards
    Padam Singh

  6. Ravindra manohar pandit says:

    Sir my daughter of age 16th is mentally retarded with 55% can I get exemption in proffetional and income tax

  7. mathew varghese says:

    tax relief for orthopaedically handicapped to the extent of 40% as certified by Govt. doctor whether applicable under 80u an how far back one can go for relief in terms of Ass years.

  8. Pooja shah says:

    Persons with disabilities act does not recognise physical handicapped person as disability for the purpose of deduction under sec 80DD. Under wich sub section can physically handicapped person having no hand from birth birth be eligible for deduction. Please help

  9. Nidhi Surve says:

    Sir,
    I am CG employee and my father is handicap ( 60% Blind). Will I get Income Tax Exemption under Section 80 DD or not. Also MSPT Exemption also.

  10. Mayank says:

    I am disable person forty five percentage hearing impaired l am govt. Servant. my salary is about 3 lac in a year 2015-2016.i have to pay professional tax or disable person exempted ??

  11. Mohseen says:

    If Any employees son physical handicap, so can employee exempted to Professional tax ?

  12. s p singh says:

    Sir I am govt emploly of let me know what is disability and what amount addmissible

  13. A.S.BHAGYALAKSHMI, Coimbatore says:

    My Daughter is physically handicapped and Registered in Govt. I wanted to know any
    Exemption in Professional Tax.

  14. v g sankar says:

    I am bank employee do I have professional tax exemption in Andhra pradesh

  15. SAI says:

    I am a Orthopedically hadicapped (79%) working in Central Government Department, Karnataka state . I got Transport Allowance double. But My employer has deducted professional tax. Iam eligilble for exeption of profession tax. My employer says you are getting TA double but not eligile for Professional tax. So please help me any rules are having please send to my mail. Thank u Sir.

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