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Issues:
Challenge to the direction to allow deduction under s. 80-U of the IT Act by the learned AAC for the assessment year 1983-84. Analysis: The dispute arose when the assessee, an individual engaged in contract business, claimed a deduction under s. 80-U of the IT Act, which was disallowed by the ITO. The ITO's decision was based on the lack of evidence showing a permanent physical disability substantially reducing the capacity to engage in employment. The assessee contended that the disability was permanent and incurable, supported by a medical certificate. The learned AAC allowed the assessee's appeal, noting the permanent disability and luck-based income increase due to contract variations. However, the Revenue challenged this decision. The ITAT observed that the assessment order indicated a consistent increase in the assessee's income over the years, suggesting no substantial reduction in capacity due to disability. The medical certificate presented post the relevant accounting period was deemed irrelevant. The ITAT highlighted the necessity for the disability to substantially reduce employment capacity, a requirement not met by the medical certificate or assessment order. The ITAT criticized the AAC for not addressing the reasons for the ITO's denial and failing to establish the disability's impact on employment capacity during the relevant period. The outpatient ticket from 1976 was deemed insufficient evidence, lacking details specified under IT Rules. Consequently, the ITAT held the AAC's decision erroneous and reinstated the ITO's denial of the deduction under s. 80-U. In conclusion, the ITAT allowed the Revenue's appeal, emphasizing the importance of substantial disability impact on employment capacity for claiming deductions under s. 80-U. The decision highlighted the need for evidence directly linking the disability to reduced employment capacity during the relevant assessment period, dismissing post-period medical certificates as insufficient proof.
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