Family Pension Taxable as “Income from other sources”, TDS section 192 of Income Tax Act Not Applicable

As per section 15 of the Act, the following incomes are chargeable to income-tax under the head “Salaries”—

  • any salary due from an employer or a former employer to an assessee in the previous year, whether paid or not;
  • any salary paid or allowed to him in the previous year by or on behalf of an employer or a former employer though not due or before it became due to him;
  • any arrears of salary paid or allowed to him in the previous year by or on behalf of an employer or a former employer, if not charged to income-tax for any earlier previous year.

For any income to be called as Salary, the existence of employer-employee relation is must. As per section 17 of the Act, Salary includes the following:

  1. wages;
  2. any annuity or pension;
  3. any gratuity;
  4. any fees, commissions, perquisites or profits in lieu of or in addition to any salary or wages;
  5. any advance of salary;
  6. any payment received by an employee in respect of any period of leave not availed of by him;
  7. the annual accretion to the balance at the credit of an employee participating in a recognised provident fund, to the extent to which it is chargeable to tax under rule 6 of Part A of the Fourth Schedule;
    • contributions made by the employer to the account of the employee in a recognized provident fund in excess of 12% of the salary of the employee, and
    • interest credited on the balance to the credit of the employee in so far as it is allowed at a rate exceeding such rate as may be fixed by Central Government by notification in the Official Gazette;
  8. the contribution made by the Central Government or any other employer to the account of the employee under the New Pension Scheme as notified vide Notification F.N.

5/7/2003- ECB&PR dated 22.12.2003 (enclosed as Annexure VII) referred to in section 80CCD (para 5.5.3 of this Circular);

9. the aggregate of all sums that are comprised in the transferred balance as referred to in sub rule (2) of rule 11 of Part A of the Fourth schedule of the Act in case of an employee participating in a recognized provident fund, to the extent to which it is chargeable to tax under sub-rule (4) thereof.

It may be noted that, since salary includes pension, tax at source would have to be deducted from pension also, unless otherwise so required. However, no tax is required to be deducted from the commuted portion of pension to the extent exempt under section 10 (10A).

Family Pension is chargeable to tax under the head “Income from other sources” and not under the head “Salaries”. Therefore, provisions of section 192 of the Act are not applicable. Hence, DDOs are not required to deduct TDS on family pension paid to person.

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