Skip to main content

Posts

Showing posts with the label treatment

Medical test abroad not tax exempt

The Bombay High Court last week ruled that expenses incurred by a professional going abroad for treatment of eye is not eligible for income tax deduction. The assessee in this case, Dhimant Thakar vs CIT, was a lawyer and he argued that good vision was important for pursuing his profession. His claim for the assessment year 1986-87 was rejected by the revenue authorities. His appeal was also rejected by the Commissioner of Income Tax (Appeals) who observed that if the logic of the lawyer was stretched, it would mean that even expenditure incurred on food to preserve oneself should be treated as allowable under Section 37(1) of the Income Tax Act as being incurred for business or profession. On appeal, the high court upheld the view of the authorities observing that "eyes are essential not only for the purpose of business or profession but for purposes other than these which are so many. It is therefore clear that the said expenditure as claimed by the professional is not in th...

Eye treatment can’t be considered professional expenditure

Expenses incurred for getting eyes treated cannot be claimed as a professional deduction under the Income Tax (IT) law, the Bombay high court has said. A lawyer had undergone eye treatment in the US about 20 years ago and asked IT authorities to treat it as a professional deduction. Disagreeing with him, the court gave reference of a few of its lawyers, saying though they were visually impaired they could carry out their work efficiently. The judges also observed that eyes are important for the human body and essential for efficient survival of a human being. Eyes are, therefore, not only essential for carrying out a business or profession, but also for doing a lot of other things. While making a reference to lawyers, Justices M S Sanklecha and G S Kulkarni observed, “We have a couple of visually challenged advocates who are very competent in discharging their duties.” The court reasoned that an improvement in the status of the eyes would have not only helped Dhimant Hiralal Thakar...