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Clarification regarding family pension (deduction u/s 57)

Tax queries 2079 views 3 replies

Hello Sir,

I want clarification regarding Family Pension (deduction u/s 57)
My father was expired on 10 January 2010 after his retirement on 2008 from BSNL.
So onwards my mother is getting family pension approx. 24,000.00 per month (24,000.00- x 12 = 288,000.00).

So as per Deduction u/s 57, should we take deduction of Rs. 15,000.00 or 1/3rd of monthly pension (whichever is less)

I.e.  = Rs. 7,999.20 p.m.?

Total annual income = Rs. (24,000.00- 7,999.20) X 12 = Rs. 192,009.60

Example:

Pension                            : 192,009.60
(a) Deduction under 80C      : 100,000.00 (Saving under PPF)
(b) Deduction under 80TTA   : 7,640.00 (SB Account Interest)
Deduction Total (a+b)         : 107,640.00
Total Income                     : -84,369.60
Discount for Woman           : 200,000.00
Taxable Income                 : -115,631.00
Taxable Amount                 : Nil

Is above my calculation correct?

And I recently downloaded pdf file from Income Tax website

Tax Payers Information Series 31
Taxation of Salaried Employees Pensioners and Senior Citizens

CHAPTER-9

PENSIONERS & SENIOR CITIZENS

.2 FAMILY PENSION

Family pension is defined in Section 57 as a regular monthly amount payable by the employer to a person belonging to the family of an employee in the event of death. Pension and family pension are qualitatively different. The former is paid during the lifetime of the employee while the latter is paid on his death to surviving family members. However, in case of family pension, since there is no employer-employee relationship between the payer and the payee, therefore, it is taxed as ‘Income from Other Sources’ in the hands of the nominee(s). In respect of family pension, deduction u/s 57(iia) of Rs.15000 or 1/3rd of the amount received, whichever is less, is available

So will family pension comes under ‘Income from Other Sources’ ?
If then should we use ITR 2?

Please let me know

Thank you
Narayan

Replies (3)

Tax slab from next year shall be Rs. 250,000/-. It also depends on the age of the mother - whether or not senior citizen.

Yes, taxable pension after 1/3 deduction shall be chargeable to tax under income from other sources.

 

Hello Mihir Sir,

Many thanks for your reply

My mother is now 56 years old
Should I submit ITR 1 or 2?

If ITR 1 then should I mention deducted Family Pension alongwith other sources of income (DA, FD interest etc..) under Income from Other Sources?

Please let me know

Thank you

Kind regards,
Narayan

Yes, you may file either ITR-1 or ITR-2 for your mother, and show family pension and FD interest under income from other sources.


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