Family pension treated as salary (form 16)

Tax queries 1800 views 4 replies

Hello,

My mother is family pensioner and receives pension after my father's demise. I understand that family pension goes under the head of 'Income from other sources' and also elligible for deduction of Rs. 15000 or 1/3rd of amount whichever is lesser.

However, the pension provider (ICICI Prudential) sent this pension as salary and issued form 16. Also, the same has been reflecting in Form 26AS under section 192. The TDS deducted is zero as pension amount is well below taxable limit.

Que1: Is this correct on pension provider's side to consider family pension as salary (form 16) or should it have been more appropriate to treat this as income from other sources and issue form 16A? So it also gets reflected in form 26AS under section 194A??

Que2: Now while filing ITR1, for reporting purpose, which schedule to be used under 'Tax Details' tab - TDS1 (tax deducted from salary) or TDS2 (tax deducted from income other than salary)?

Replies (4)

1. Not correct........... write to bank for rectification.

2. Just  use option 'pre-fill'.......

Based on TDS details........ fill income details, to save it to be defective........

I also had a same situation in my case husband was govt. teacher and died now his wife receives pension and TDS has been deducted and now shown in form 16 as salary. If we treat it as salary there is still tax payable but if we treat it as income from other sources there arise a refund because of the ded. u/s 57 of rs. 15000.

What should we do please suggest.

Kindly ask them to rectify the form 16 and ask them to provide form 16 A and file it under the Head Income from Other Source. 

Filing with misleading facts may create unwarranted issues like defective returns and demands.

how can they issue form 16A when there is no section of deducting tds on family pension.


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