Have You Claimed Your Medical Expenses This Year?

Broadly, the medical expenses that can be claimed under the Income Tax Act 1961 (‘the Act”) in the income tax return[1] of an individual/HUF, comprise of the following:

  • Health Insurance/ Preventive Medical Check-up for Self and Family;
  • Maintenance or Medical Treatments for Disabled Dependents;
  • Medical Treatment for Dependents with Specified Diseases; and
  • Deduction for Person with Disability.

 

Health Insurance/Preventive Medical Check-up for Self and Family

As per section 80D of the Act, the taxpayer, being an individual or an HUF, can claim a deduction on premium paid towards medical insurance with the General Insurance Corporation of India or any other insurer approved by the Insurance Regulatory and Development Authority (IRDA) and medical expenditure incurred for

  • Self;
  • Spouse;
  • Parents;
  • Dependent children; and
  • Members of the HUF.

The deduction can be claimed from the following payments made by the taxpayer:

  1. A medical insurance premium paid for any of the foregoing;
  2. Actual expenditure incurred during the year on account of preventive/diagnostic health check-up for the health of any of the above;
  3. Medical expenditure incurred on the health of senior citizens (aged 60 years or above), whether taxpayer or any his/her family member, who are not covered under any health insurance scheme;
  4. The contribution is made to the Central Government Health Scheme, or any scheme as notified by the Government.

The above referred payments (barring the expenditure incurred on preventive health check-up) need to be mandatorily made through non-cash modes to avail the benefit.

The deduction in a year, would be subjected to the aggregate limits, as follows:

Particulars Premium Paid (Rs)   Maximum Tax Exemption u/s 80D (Rs)
  For
Self, Spouse and Dependent children
For Parents  
Individual, Spouse, dependent children, and parents < 60 years 25,000 25,000 50,000

Individual, Spouse, Dependent Children < 60 years

but parents > 60 years

25,000 50,000 75,000
Individual/Spouse, and parents > 60 years 50,000 50,000 100,000
Members of HUF 25,000 25,000 25,000

Note:

  • The above amount is inclusive of the preventive health check-up limit of Rs. 5,000 (Rupees Five Thousand only). The taxpayer can avail this tax benefit on the payment made towards the preventive health check-up undertaken for the taxpayer, spouse, children and parents.
  • If medical expenses are incurred for senior citizens (either self, spouse, dependent children or parents) not covered under any medical insurance, then the taxpayer can claim deduction for the said expenses incurred under the above limit of Rs 50,000.
  • If both the taxpayer and the parents are aged more than 60 years, for whom the medical covers has been taken, the maximum deduction that can be availed under this section is Rs 100,000. If the medical expenditure done on senior citizens (taxpayer/family and parents) are not covered under any health insurance, the taxpayer can claim a deduction for the said expenses within the said limit.

Based on the above reading, the maximum claim u/s 80D could be up to Rs 100,000 in a year.

Maintenance or Medical Treatments for Disabled Dependents

An individual or an HUF resident in India can claim for deduction under section 80DD of the Act in respect of the following:

  • expenditure for the medical treatment (including nursing), training and rehabilitation of a dependent, being a person with disability[1]; or
  • the amount paid to Life Insurance Corporation (LIC) or any other insurer or administrator or specified company in respect of a scheme for the maintenance of a dependent, being a person with disability.

Subject to a fixed deduction of Rs 75,000 if the disability is 40% or higher but less than 80% and Rs 125,000 if the disability is severe (80% or higher).

However, the deduction is subjected to the following conditions:

  • To claim the same, one must produce a certificate of disability from a prescribed medical authority to be filed on Form No. 10-IA[2] with the return of income.
  • The disabled individual should not have taken deduction under Section 80U.
  • It is essential that they should be wholly or mostly dependent on the taxpayer for their support as well as maintenance.

 

Medical Treatment for Dependents with Specified Diseases or Ailment

As per section 80DDB of the Act, an individual or an HUF resident in India can claim for the deduction of medical treatment of the specified diseases or ailments (Ref: Rule 11DD of the Rules), subject to:

  • Rs 40,000 per annum or the actual amount paid (whichever is less)
  • For senior citizens, Rs 100,000 per annum or the actual amount paid (whichever is less)

 

Deduction for Person with Disability

Section 80U of the Act provides deduction to people suffering from a disability[3]. As per this section, individuals suffering from a disability of at least 40% can claim tax benefit of Rs 75,000 per financial year (Rs 125,000 in case of severe disability of 80% and more). The taxpayer has to file Form No. 10-IA[4] producing certificate of disability from a prescribed medical authority with the return of income to claim the deduction.

The above deductions available to taxpayers should be carefully studied and optimised while finalising the income tax return.

For further advice and detailed assistance kindly contact any of the following individuals Fox Mandal and Associates:

Sandip Mukherjee – sandip.mukherjee@foxmandal.in

Salusalini Jha – salusalini.jha@foxmandal.in

Nikhil Bhise – nikhil.bhise@foxmandal.in

Akshita Bhandari – akshita.bhandari@foxmandal.in

References:

[1] Due date for filing FY 2021-22 tax return for individuals is 31st July, 2022.

[1] As defined in Sec2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

[2] Ref: Rule 11A of the Income Tax Rules

[3] As defined in Sec2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

[4]  Ref: Rule 11A of the Income Tax Rules

Here is a detailed list of medical expenses that an individual/HUF can claim while filing the annual income tax return under the Income Tax Act, 1961. 

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Faceless Appeal Scheme 2021: A Forward-Looking Initiative

The Central Board of Direct taxes (“CBDT”), with an objective of bringing in more transparency in the appeal proceedings and “honoring the honest”, had introduced the “Faceless Appeal Scheme 2020”[1] (“Old Scheme”), on September 25, 2020. The Old Scheme was introduced with an aim to eliminate human interference between the taxpayer and the First appellate authority (Commissioner Appeals), thereby ensuring that the appeals are disposed in a fair manner and are not influenced by any relation and human biasness.

The Old Scheme was introduced with the noble intention of curbing malpractices, easing compliance and make appeal process seamless and faceless. However, there were some post implementation hiccups experienced and accordingly taxpayers requested certain modifications in the Old Scheme.

In order to fix the hiccups and incorporate the changes requested by taxpayers, the CDBT, in supersession of the Old Scheme, has introduced a new appeal scheme called as “Faceless Appeal Scheme 2021”[2] (“New Scheme”) on December 28, 2021.

In this alert, we have made an effort to apprise the readers with the changes introduced in the New faceless appeal Scheme vis-à-vis the Old Scheme.

Key Changes in the New Faceless Appeal Scheme, 2021

The key changes brought in by the New Appeal Scheme are as follows:

  1. Mandatory personal hearing, if requested

In the Old Scheme, the appellant or his authorized representative had to make a request for personal hearing and the Chief Commissioner or Director General in charge of the Regional Faceless Appeal Centre (RFAC) had the discretion to approve such request, if he was of the opinion that the request is covered by the circumstances laid down by the CBDT.

In the New Scheme, there is no requirement for prescribed circumstances and the discretion for grant of personal hearing has been completely removed. CIT(A) shall allow personal hearing if requested by the appellant anytime during the course of the proceedings.

  1. Restructuring of the appeal center

In the Old Scheme, CBDT had set up a three-layer structure with National Faceless Appeal Centre (NFAC) at the top to conduct appeals in a centralized manner (nodal agency), followed by RFAC to support NFAC and Appeal Unit (AU) at the bottom, to facilitate the conduct of e-appeal proceedings and dispose them. In the composition structure, each AU unit had one or more Commissioner Appeals [CIT(A)].

In comparison, the New Scheme has done away with the RFAC and has set up a two-layered structure headed by NFAC and AU will directly coordinate with NFAC and conduct the appeal and dispose them. Further, in the New Scheme, each AU will have only one CIT(A).

  1. Elimination of review by multiple AUs

In the Old Scheme, the NFAC on receipt of draft order from AU, would  review the order and if the payable amount in respect of disputed issue was more than a specified amount, then send the draft order to another AU, other than the AU which had prepared it. In any other case, the NFAC would  examine the order based on the specified risk management strategy and then finalise the appeal or send the draft order to another AU.

The other AU who was assigned such case, would  either concur with the order or suggest variations as it would  deem fit. In case of variation, the NFAC would  assign the said appeal to another AU other than the one who had prepared or reviewed the draft order. The NFAC would then pass the final order, based on the order received from the last AU.

In the New Scheme, the CIT(A), after examining the submissions, shall now pass the order by digitally signing the same and send it to NFAC, along with details of penalty proceedings, if any, to be initiated therein.

Such order shall be final and will not be reviewed at multiple AUs as provided in the erstwhile scheme. NFAC shall communicate such order to the appellant and such other officers as may be prescribed.

  1. Penalty Proceedings

In the Old Scheme, AU in the event of any non-compliance during the appeal proceedings, had to send a recommendation to NFAC to initiate penalty proceedings. However, in the New Scheme, there is no need to send such recommendation and the CIT(A) can directly send the penalty notice through NFAC.

FM Comments:

The modifications provided in the New Scheme are certainly a move in the right direction by easing the process and building a robust appeal scheme. The CDBT, by removing the discretionary power of the authorities for grant of personal hearing, has also made an effort to meet the constitutional validity criteria, which has also been one of the matters, challenged before the Courts.

References: 

[1] Notification No 76/2020 dated 25 September 2020

[2] Notification No 139/2021 dated 28 December 2021

Image Credits: Photo by Arina Krasnikova from Pexels

In order to fix the hiccups and incorporate the changes requested by taxpayers, the CDBT, in supersession of the Old Scheme, has introduced a new appeal scheme called as “Faceless Appeal Scheme 2021”[2] (“New Scheme”) on December 28, 2021.

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