LIVE GST Certification Course by CA Arun Chhajer begins 27th April. Register Now!!

Taxable or nontaxable- arrear of pension

Anil Rana (Sr. Executive) (24 Points)

28 July 2011

Hi,

I ,as an individual , received an arrear of pension from the central govt. of Rs. 4000.00 in the month of Jan.11 of my father who was a govt. employee & already death. This amount was not included in the previous year income of my father. Please guide, whether this amount is taxable in my income or not ? If yes, then under which section?

Awaiting your response.

Thanks

Anil

Reply
Follow
Share

2 Replies

pahuja (C.A Final Student ) (472 Points)
Replied 28 July 2011

Hi Mr. Anil, As per section 159 of the Income Tax Act, 1961 (Act), even when a person dies, the assessment of his income is to be done upto the time of his death. So, the legal representative of the deceased has to file the income tax return for the income on which the deceased would have been liable to pay income tax if he had not died. The legal heir should also submit a copy of the death certificate of the deceased, and submit the Permanent Account Number Card (PAN Card) of the deceased. Advance tax payments and self assessment tax payments are also to be done by the legal representative. The tax is to be recovered from the estate of the deceased. Thus, all the legal heirs are liable upto the extent of the assets that they inherit. Taxability of family pension received after death: After the death of an Employee if there is any Family Pension received by the legal heirs of the deceased it will be deemed to be the Income of legal heirs and will be taxed under Income from Other Sources. Thanks and Regards Suraj Pahuja