Dear all,

This thread has already been discussed earlier on the list.

Pranav 

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Kaja, Kiran
Sent: Wednesday, July 05, 2006 11:07 AM
To: [email protected]
Subject: Re: [AI] important news flash

Although all of us should post our comments  on this review, I don't
really think there is an immediate threat to the exemptions offered for
disabled citizens. Every exemption in the income tax act is being
reviewed. Also, this information has been in the news quite a while ago.
Instead of making an issue of why disabled organizations are not
informed about this review, we should now concentrate on explaining to
the revenue department the reasons behind requesting for these
exemptions.

This also highlights the unfortunate fact that disabled people are still
not using technology to their advantage. Only if we are more avid users
of internet, we could have known this news much earlier.

Regards,
Kiran.
-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of disability
rights initiative
Sent: Wednesday, 05 July 2006 10:53 AM
To: [email protected]
Subject: [AI] important news flash

New Page 1

----- Original Message -----

From:

Editor-DNIS

To:

[EMAIL PROTECTED]

Sent: Tuesday, July 04, 2006 4:17 PM

Subject: [DNIS Flash News] Tax benefits for disabled people &
theirparentsunder threat!

 

DNIS

 

BREAKING NEWS

 

TAX BENEFITS FOR DISABLED PEOPLE & THEIR PARENTS UNDER THREAT!

 

DEPARTMENT OF REVENUE CALLS FOR COMMENTS REGARDING REMOVAL OR
CONTINUANCE OF EXEMPTIONS AND DEDUCTIONS UNDER THE

 

INCOME TAX ACT, 1961

 

ALL THREE SECTIONS (80-DD, 80-DDB, 80-U) FOR DISABLED PEOPLE, THEIR
PARENTS BEING TARGETTED!!

 

The Department of Revenue, Central Board of Direct Taxes, Tax Policy &
Legislation Division under the Ministry of Finance, in a quiet
announcement on the

department's own website, has stated that various tax incentives and
deductions under the Income Tax Act are being reviewed, and in this
regard it would

like to invite comments "with supporting rationale" for their removal or
continuance.

 

But the manner in which the notice has been put up leaves much to be
desired. The notice states that "the Government is keen to involve all
stakeholders

in this exercise." If it is so keen, how come no one has heard of this
quiet exercise? Even D.N.I.S. got this information very late. If the
concerned department

was genuinely looking for views, the announcement should have been duly
published. Views of N.G.O.s and parent groups should have been
solicited. Disability

rights groups should have been informed.

 

Speaking to veterans in the disability sector, D.N.I.S. found that most
of them were not even aware of this so-called "review". Subhash
Datrange, Association

for Blindness & Low Vision, Mumbai, and Rajul Padmanabhan, Vidya Sagar,
Chennai said they could not comment on the move as they were unaware and
had not

got any information regarding the same. Nirmala Srinivasan, Acmiindia,
Bangalore came to know of it very late and this is what she had to say:
"The circular

comes as a major threat to persons with disabilities, and their family
care givers like me."

 

As regards content of the notice, the first question that comes to mind
is Why? What rationale or logic lies behind the review of the existing
tax deductions

for disabled people and their parents?

 

Looking at the history of the income tax deductions for the disabled,
one can see that an amount of only Rs. 20,000 was allowed under Section
80U until

1995. This was the year when the Disability Act was passed. Without
wasting any time, Disabled Rights Group (D.R.G.) took the initiative to
meet Manmohan

Singh who was the Finance Minister then, and convinced him regarding the
need for an increase in the existing amount. As a result, the deduction
from the

total income of a disabled person was raised from Rs. 20,000 to Rs.
40,000 the same year.

 

Again, in 2002, when Jaswant Singh was the Finance Minister during the
N.D.A. rule, D.R.G. met him and demanded that the tax deduction be
raised to Rs.

100,000. The Government yielded partially to the demand and created two
slabs. The tax deduction amount was raised to Rs. 50,000 for all
disabled people,

and to Rs. 75,000 for people with severe disability (above 80 per cent).

 

At present, there are three sections under which disabled people and/or
their parents are eligible for tax deduction. One is 80-DD with
deductions of Rs.

50,000 where any expenditure is incurred for the medical treatment of a
dependent being a person with disability. In case of severe disability,
there is

an enhanced deduction of Rs. 75,000. Under section 80-DDB there are
deductions up to Rs. 40,000 against expenses actually incurred on
medical treatment

of specified diseases and ailments. In case of senior citizens, enhanced
deduction of Rs. 60,000 is available. Under section 80-U a deduction of
Rs. 50,000

is given for an individual being a person with disability, and in case
of severe disability, enhanced deduction of Rs. 75,000 is available.

 

The expenses incurred by a disabled person are several times more than
of any ordinary person. In addition to normal expenses that all citizens
incur in

the course of their life, other expenses in the life of a disabled
person on a regular basis include medical care, purchase and maintenance
of aids and

appliances, salary of attendants, extra transportation cost and so on.
And all these expenses have to be met by the disabled people from their
own income,

or from the income of their parents, which makes these income tax
deductions so important for them.

 

Now, suddenly, these deductions have been put under the scanner of the
Ministry of Finance! And, of course, the authorities make it sound so
innocuous!

When comments were sought from the concerned official in the Ministry,
Vandana Ramachandran, Under Secretary (TPL-I), had this to say: "From
time to time

we have put up things on our website. There is a public debate going on,
on various issues, and this is also part of the exercise. We have not
targetted

disability. This is just one of the issues."

 

What is the logic behind this shocking idea? And from where did this
suddenly originate? No answers! But with this one move, the onus is now
on disabled

people and their parents to give "supporting rationale" as to why these
three deductions should be continued and as to why they should not be
stopped or

removed!

 

It is about time that the disability sector, its N.G.O.s, various
disability groups, parent groups and associations, and above all -
disabled people themselves

woke up to this quiet but rather dangerous move on the part of the
Finance Ministry. If the three deductions (or any one of them) were to
be withdrawn,

it will affect the lives of hundreds and thousands of disabled people
and their parents.

 

An extract from the said notification is placed below for the easy
reference of D.N.I.S. subscribers.

 

 RELEVANT PORTION OF THE NOTIFICATION

 

F.No. 149/124/2006-TPL (Pt.)

 

Department of Revenue

 

Central Board of Direct Taxes

 

Tax Policy & Legislation Division

 

Comments regarding removal or continuance of exemptions and deductions
under the Income Tax Act, 1961.

 

Government is committed to simplify the tax laws, minimize the
distortions within the tax structure and broaden the tax base.  In this
context, tax incentives

in the form of various exemptions and deductions are being reviewed.
Government is keen to involve all stakeholders in this exercise.
Accordingly, existing

exemptions and deductions under the Income Tax Act, 1961 are listed
below and comments with supporting rationale for their removal or
continuance may be

sent by e-mail or post by 5 July 2006 to:

 

Ms. Anita Kapur, Joint Secretary, TPL-1, Room No:147-B/1, North Block,
New Delhi.

 

e-mail:

[EMAIL PROTECTED]

or

 

Ms. Monica Bhatia, Director, TPL-1, Room No:147-D, North Block, New
Delhi.

 

e-mail:

[EMAIL PROTECTED]

or

 

Ms. Pragya S.Saxena, Director, TPL-II, Room No:147-E, North Block, New
Delhi.

 

e-mail:

[EMAIL PROTECTED]

 

List of existing exemptions and deductions under the Income Tax Act

 

Sl.No/Section/Nature of benefit/Eligible taxpayers

 

141. 80-DD Deductionsof Rs. 50,000/- where any expenditure has been
incurred for the medical treatment of a dependant being person with
disability.  In

case of severe disability, enhanced deduction of Rs. 75,000/- {Resident
Individual/HUF}

 

142. 80-DDB Expenses actually incurred on medical treatment of specified
diseases and ailments, up to Rs, 40,000/- In the case of senior
citizens, enhanced

deduction of Rs. 60,000/- is available {Resident Individual/HUF}

 

158. 80U Deduction of Rs. 50,000/- for an individual being a person with
disability.  In case of severe disability, enhanced deduction of Rs.
75,000/- is

available. {Resident Individual}

 

(Vandana Ramachandran)

 

Under Secretary (TPL-I)

 

Tel: 23093212

 

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