Section 154 is the substantive equivalent of 1961 s. 80 U -- the SELF-DISABILITY DEDUCTION (distinct from s. 127 / 1961 s. 80 DD which covers DEPENDANT-disability). The deduction recognises increased living costs and reduced earning…
154
Section 154 is the substantive equivalent of 1961 s. 80 U -- the SELF-DISABILITY DEDUCTION (distinct from s. 127 / 1961 s. 80 DD which covers DEPENDANT-disability). The deduction recognises increased living costs and reduced earning…
Section 154 — - DEDUCTION IN CASE OF A PERSON WITH DISABILITY
Section 154 is the substantive equivalent of 1961 s. 80U -- the SELF-DISABILITY DEDUCTION (distinct from s. 127 / 1961 s. 80DD which covers DEPENDANT-disability). The deduction recognises increased living costs and reduced earning capacity faced by individuals with disability; it is a FLAT DEDUCTION not tied to actual expenditure -- INR 75,000 (disability) / INR 1,25,000 (severe disability >= 80%). Eligibility: resident individual certified by medical authority. Certificate validity: continuous till expiry stated; renewal required upon expiry. The deduction operates at GTI level (not against specific income head). Sister-provision s. 127 covers disabled DEPENDANT (parent / spouse / sibling / child); the two are NOT mutually exclusive but apply to different fact patterns.
STATUTORY ARCHITECTURE
ELIGIBLE ASSESSEE: resident individual (not HUF, firm, company, AOP). Non-resident-individual NOT eligible -- the deduction is residence-conditioned. Joint claim by both spouses (each disabled) permitted. DEDUCTION QUANTUM: (i) DISABILITY (40% to <80%): INR 75,000 (FA 2015 enhanced from earlier INR 50,000); (ii) SEVERE DISABILITY (>=80%): INR 1,25,000 (FA 2015 enhanced from earlier INR 1,00,000). FLAT DEDUCTION not tied to actual expenditure -- the policy assumes structural cost-of-living increment due to disability. Distinct from s. 127 (disabled-dependant) and s. 128 (specified-disease medical treatment) which require expenditure proof. DISABILITY DEFINITIONS: aligned with the Rights of Persons with Disabilities Act 2016 (RPwD Act -- 21-disability list including locomotor, hearing, speech, visual, intellectual, mental, autism, cerebral palsy, multiple disabilities, learning disabilities, blood disorders, deaf-blindness etc.) AND the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act 1999. MEDICAL AUTHORITY: Civil Surgeon / Government-hospital authority specified per Rule 11A; certificate in Form 10-IA (or equivalent post-2025-Rule). CERTIFICATE VALIDITY: continuous till expiry stated on certificate; some categories require renewal (e.g., autism / mental disability re-evaluated periodically); permanent disability typically lifetime.
INTERACTION WITH NEW REGIME
Section 154 deduction is GENERALLY NOT AVAILABLE under simplified-rate regime u/s 202(1) (parallel to 1961 s. 115BAC). However, FA 2024 / FA 2025 have progressively retained certain disability-related deductions under new regime; specifically NPS contribution u/s 124 IS available under new regime, but s. 154 self-disability is NOT. Practitioner: for individuals with disability, model both regimes; if income > INR 12L and substantial s. 124 / s. 127 / s. 128 / s. 129 deductions, old-regime-with-s. 154 often optimal.
CASE LAW / DEPARTMENTAL
(i) CBDT Circular No. 1/2018 -- clarifying disability certificate validity / renewal under post-RPwD Act 2016 framework. (ii) PCIT v. Praveen Kumar Singh (ITAT Delhi) -- 'severe disability' >= 80% threshold strictly applied; certificate categorisation crucial. (iii) Pre-FA 2015 quantum (INR 50K / INR 1L) historic; current FA 2015-onwards quantum stable. (iv) FA 2025 / FA 2026 -- monitor potential inflation-adjustment of quantum to INR 1L / INR 1.5L.
PLANNING NOTES
(i) CERTIFICATE -- obtain Form 10-IA from authorised Government / Civil Surgeon authority; specify disability category and percentage; severe (>=80%) certified separately. (ii) RENEWAL TIMELINE -- diary the certificate expiry; renewal must be in place by return-filing for the year of claim; lapsed certificate disallows deduction. (iii) NEW-REGIME OPT-OUT -- if claiming s. 154, old regime; for individuals with disability earning > INR 12L, run cost-benefit between old-regime-with-s. 154 and new-regime-with-s. 156-rebate. (iv) SISTER PROVISIONS -- s. 127 (disabled dependant) and s. 128 (specified disease medical treatment) MAY be claimed in same return for different fact patterns. (v) JOINT-DISABILITY HOUSEHOLD -- if both spouses disabled, each claims s. 154 in own return. (vi) SECTION 19 PERQUISITE INTERACTION -- employer-provided special equipment / assistive devices to disabled employee may also be exempt under separate rules; cross-check Form 16 Part B.
CROSS-REFERENCES