This case deals with the deduction u/s 80DD of the Income Tax ...

Disability deduction: Court denies retrospective benefits for insurance payouts after death.

Case Laws     Income Tax

September 13, 2024

This case deals with the deduction u/s 80DD of the Income Tax Act for maintaining and providing medical treatment to a dependent person with disability. The key points are: The petitioner sought retrospective application of an amendment to Section 80DD, allowing deduction for payment of annuity or lump sum for the benefit of a disabled dependent after the subscriber's death. The court rejected the plea for retrospective application, as it would go against the object of the insurance policy taken for the disabled person's benefit after the subscriber's demise. Giving retrospective effect would remove the substratum of the insurance contract, a commercial agreement with specific terms and conditions. The court considered various laws and conventions related to the rights and welfare of persons with disabilities. The grievance of the petitioner was addressed prospectively through the amendment to Section 80DD, as per the court's earlier order.

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