Recovery of pension- how to treat this recovery in it calcul

Dear Sirs,

I am a retd Bank officer, retired in June 2013.As per the wage settlement reached between the united forum of bank employees/officers association and IBA( Indian Banks association) in May 2015 with retrospective effect from 01 Nov 2012, Pension of the officers retired on or after November 2012 was REDUCED( A Historical case).Difference in salary for 8 months was paid in my case.And difference in pension approx. Rs2600-00( in my case) per month from July 2013 to October 2015 was recovered from me.( Recovery was done like this, difference in commutation was credited to my SB account. Difference of pension  for 28 months was immediately recovered from the SB Account).

My doubt/question, how this recovery of pension has to be taken while calculating Income Tax for AY 2016-17.Whether this recovery can be deducted from the gross income. Please clarify.( which will benefit the retired bank pensioners-Officers).

This position is applicable to all the officers retired from Nov 2012 to May 2015.

Replies (2)
In my opinion, you can deduct it from the gross pension/salary, provided such a recovery was compulsory and you had the legal obligation to return the excess pension you received during the previous years. What is taxed is the salary/pension due and the meaning of the term 'due' has been interpreted differently by different judicial institutions considering the facts and circumstances of each case. Certainly, taxation on recovery of salary/pension is a disputable issue. So its better to seek expert opinion on this issue, giving all the particulars of the case so that they can form an opinion on the treatment of recovered pension. But, I think there is a strong chance that the assessing officer will add back the recovered pension deducted by you from gross salary, considering the pension before recovery as the pension due for the year; unless the department settles the issue by way of any clarification from its side. So I strongly recommend you to opt for expert opinion.
In my opinion, you can deduct it from the gross pension/salary, provided such a recovery was compulsory and you had the legal obligation to return the excess pension you received during the previous years. What is taxed is the salary/pension due and the meaning of the term 'due' has been interpreted differently by different judicial institutions considering the facts and circumstances of each case. Certainly, taxation on recovery of salary/pension is a disputable issue. So its better to seek expert opinion on this issue, giving all the particulars of the case so that they can form an opinion on the treatment of recovered pension. But, I think there is a strong chance that the assessing officer will add back the recovered pension deducted by you from gross salary, considering the pension before recovery as the pension due for the year; unless the department settles the issue by way of any clarification from its side. So I strongly recommend you to opt for expert opinion.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
14 August 2026
Semi Qualified

Goyanka & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 26 August 2026
Article Assistant

ANIVESH CONSULTANTS LLP

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 17 August 2026
Article Assistant

Jain Ankit and Co

Gurgaon

CA Inter

View Details
Company
28 August 2026
Audit Manager

K A R M & CO

Mumbai

CMA

View Details
Company
Featured 11 September 2026
Audit Executive

RBSM Corporate Advisors Private Limited

Pune

CA

View Details
Company
ARTICLESHIP 04 September 2026
Accounts Executive

Hema Yashwanth & Associates

Chennai

B.Com

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
ARTICLESHIP 24 August 2026
Article Assistant

M/s.S.G.Salecha & Co.

Mumbai

CA Inter

View Details