Under Income Tax Act, can one get standard deduction and S. 57(ii)a reliefs?

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    • #5644

      I am 59 years old and presently working and receive pension from EPFO. Can I get two kinds of reliefs from income tax as standard deduction and us 57(ii)a of the Income Tax Act. Please guide me for furnishing of return of income tax.

      Thanking in advance.

    • #5651

      Your question uses confusing language. On the one hand, you have mentioned that you are getting “pension” from EPFO, and on the other, you are referring to Section 57(ii-a) of the Income Tax Act, which relates to “family pension”.

      Please note that there is a difference of tax treatment in the Income Tax Act for “pension” and “family pension”, as I have explained in detail in my answer at Is Income Tax payable on Family Pension received by a widow.

      Now, if what you are getting from EPFO is “pension”, then please appreciate that “pension” is treated under the “salary” head, as I have explained in my aforesaid answer. So, in that situation, your salary from present work and the “pension” from EPFO (which is also considered under the Salary head) will be added, and the standard deduction will be applied to this total salary. So, in this situation, benefit of deduction under Section 57(ii-a) of the IT Act may not be available.

      However, if what you are getting is “family pension”, then it will be considered as “income from other sources”, which is a different head of income. So, in my opinion, in that situation, you should be eligible to get benefit of deduction of both provisions, i.e., standard deduction from your current salary as well as deduction under Section 57(ii-a) for the family pension.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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