Dear Mr.Ramanujam Govindarajan,
01. Please note that Pension received from a former employer is
taxable as salary.
Section 60 of the CPC and Section 11 of the Pension Act defines
Pension as a periodical allowance or stipend granted on account of
past service, particular merits, etc. As such the relevant provisions
of TDS as specified in Section 192 and other relevant provisions are
also applicable to pension income and tax is deductible on the same as
it is in the case of payment of salary.
Rebates under Sec 80C can be claimed by pensioner as the case may be.
02.As far as Arrears of Pension is concerned, which falls under two
Financial Years( 27.11.2009 to 31.3.2010) and from 1.4.2010 to
31.3.2011),relief under Sec.89 (1)can be sought, which says, where an
assessee is in receipt of a sum in the nature of salary, being paid in
arrears due to which his total income is assessed at a rate higher
than that at which it would otherwise have been assessed, the
Assessing Officer shall, on an application made to him in this behalf,
grant such relief as may be prescribed.
Basically, the relief under section 89(1) is arithmetical. It
involves finding out of two rates of tax. The first is the rate of tax
applicable to the total income including the extra amount in the year
of receipt. The second is finding out the rate by adding the arrears
to the total income of the years to which they relate. For this
purpose the assessee should be asked for a true and authentic
statement of the total income of the earlier years to which the
arrears pertain.
03.Regarding exemptions ,please note that as per IT Rules, all
receipts which give rise to income are taxable unless they are
specifically exempted from tax under the Act. Such exempted income are
enumerated in section 10 of the Act.Accordingly Payment of
Gratuity,Provident Fund ,Commutation of Pension,Encashment of Leave,Ex-
gratia received on VRS (up to Rs.5lakjs)etc. are exempted
04. Refund made towards “Pension Fund Gap “ is neither an item
specifically exempted or rank for rebate under IT Act.It is only an
understanding/condition made by IBA and Unions vide settlement dt
27.4.10, to refund PF and 56 % thereof by retirees to eligible to opt
for 2nd option on Pension.Funding of 'Gap' has no justification and
legal background.
Investment in Pension Fund under Sec80.ccc is different from above.
Hence the question of admissibility of relief on adjusting refund
amount towards arrears does not arise.
Income Tax Rates for current FY is as follows:
Rs 0 – 1,60,000
Up to Rs.19000(Women)
Up to Rs.24000(Sr.Citizen(65Yrs) - Nil
Rs. 1,60,001 – Rs. 5,00,000 - 10%
Rs. 5,00,001 – Rs. 8,00,000 - 20%
Above Rs. 8,00,000 - 30%
On Jan 4, 5:40 am, ramanujam govindarajan
<
ramanujamgov...@yahoo.co.in> wrote:
> Now that Pension arrears are credited to most of the Retirees, the next question
> of payment of income tax surfaces. Blog memebers who are well versed in IT rules
> may enlighten the group members regarding calculation of IT , with emphasis on
> whether the pension fund gap paid by the Retirees can be deducted from the
> pension arrears for computation of pension income, about Section 89(1),
> exemption for the pension commutation amount and other related matters., for
> which all the concerned will be very much obliged and gratefull.-Regars
> -G.Ramnujam.
>
> ________________________________
> From: S.H.S. Mani <
shsman...@yahoo.co.in>
> To:
bankpe...@googlegroups.com
> Sent: Mon, 3 January, 2011 7:22:37 PM
> Subject: Re: bankpensioner credit of pension arrears
>
> Sir, Congrats. I could understand the anxiety of all our friends and all are
> very eager to receive the first month pension. I could also understand how much
> happiness in their wordings about pension credit, though being received after
> very much long waited period, and after paying 56% more. All should get soon and
> I pray a healthy life of all. Thanks. With regards.
>
> --- On Mon, 3/1/11, Perumal Velayudhan <
vmperu...@gmail.com> wrote:
> For more options, visit this group athttp://
groups.google.com/group/bankpensioner?hl=en-GB.- Hide quoted text -
>
> - Show quoted text -