9911796707
|
Home
Issues:
Claim of deduction u/s. 80U for assessment years 1981-82, 1982-83, and 1983-84. Analysis: The appeals by the assessee were directed against the order of the AAC of Income-tax, A-Range, Indore, regarding the claim of deduction u/s. 80U for the mentioned assessment years. The assessee, a lady, primarily earned income from money-lending and was partner in a firm. The claim for deduction u/s. 80U was denied by the ITO based on the disease not being listed in a specific circular. The AAC upheld the decision after examining the Doctor's certificate and questioning the Doctor. The assessee challenged this decision, citing various Tribunal judgments supporting her claim. The ld. counsel emphasized that the AAC did not appreciate the judgments' ratio and did not provide an opportunity for cross-examination. The ld. D.R. argued that the assessee's physical disability did not substantially affect her capacity for gainful employment. The Tribunal analyzed the evidence, including the Doctor's certificate and the nature of the disease, concluding that the assessee's capacity to engage in gainful employment was substantially reduced due to the chronic disease. The Tribunal also highlighted the legislative intent behind section 80U and the importance of considering the impact of the disability on the individual's earning capacity. Consequently, the Tribunal reversed the lower authorities' decision and directed the allowance of deduction u/s. 80U for each assessment year under appeal. This case underscores the importance of properly evaluating the impact of a disability on an individual's capacity to engage in gainful employment when considering a claim for deduction u/s. 80U. It also emphasizes the significance of adhering to legislative provisions and considering the legislative intent behind such provisions. The Tribunal's decision highlights the need for a thorough analysis of the facts and circumstances of each case to ensure a fair and just outcome.
|
