• Rebate of standard deduction

I m a retired government servant n getting fixed pension amount which department is giving by depositing amt deducted on account of pension from our salary n their share with LIC.Am I eligible for standard deduction which has been proposed from this year
Asked 6 years ago in Income Tax

Hi Sir,

Hope you are doing well !

You are eligible for standard deduction.

In a recent clarification issued by the income tax department, if a taxpayer has received pension from the former employer, it is taxable under the head 'salaries'. Therefore, the taxpayer shall be entitled to claim a standard deduction of RS 40,000 or the amount of pension, whichever is less, under the section 16 of the Income tax Act, 1961.

Thanks & Regards,

Payal Chhajed

Payal Chhajed
CA, Mumbai
5188 Answers
288 Consultations

5.0 on 5.0

Dear Sir,

Any amount taxable under the head "Income from Salary" including pension is entitled for standard deduction of Rs. 40,000 from A.Y. 2019-2020.

Thanks

Vivek Kumar Arora
CA, Delhi
4838 Answers
1037 Consultations

5.0 on 5.0

Yes, if your pension TDS is deducted under 192, you are eligible for standard deduction.

Vidya Jain
CA, Kolkata
1009 Answers
58 Consultations

4.8 on 5.0

Salary and pension are eligible for standard deductions. I understand your company would have deposited deductions made from your salary to LIC so they can keep giving you pension from the amounts so deposited. Nevertheless, the only requirement is the amount should come to you from your employer as pension and not from LIC as a return on investment (e.g. Annuity).

Amit Kumar Narula
CA, Bangalore
59 Answers
1 Consultation

5.0 on 5.0

Yes Sir, you are still eligible for standard deduction from F Y 2018-19 provided your tds deducted u/s 192.

It had put the salaried tax payers at par with the consultants , self - employed and freelancer who are allowed to take deduction's on expenses incurred for earning that income.

Payal Chhajed
CA, Mumbai
5188 Answers
288 Consultations

5.0 on 5.0

As per the facts of the case, it appears that your TDS is being deducted u/s 194J,, professionals services. Thus, you wont be eligible for standard deduction.

However, you can take benefit of sec 44ADA, presumptive taxation,

Vidya Jain
CA, Kolkata
1009 Answers
58 Consultations

4.8 on 5.0

Dear Sir,

If you are working as an consultant then the payment made to you is not taxable as salary. Please check your Form 26AS or Form 16A. In which section Co. has deducted TDS on your income?. If it is u/s 194J then no standard deduction is available to you as it is available to only salaried class people. If it is deducted u/s 192 then available.

Thanks

Vivek Kumar Arora
CA, Delhi
4838 Answers
1037 Consultations

5.0 on 5.0

Hi,

As fast as standard deduction for salary income is concerned, you are eligible for the same but it's applicable from FY 2018-19 onwards.

It's not applicable for the year for which you are now filing your return.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

Standard Deduction is available to only salaried persons and not consultants/contract employees, who can infact claim all the expenses on fuel, telephone, office exp., etc.. If you are not working anymore, then you cant even claim such expenses as deductions. In your case, it seems more like an annuity, and not a pension, as employer-employee relationship is must to get std ded.

Amit Kumar Narula
CA, Bangalore
59 Answers
1 Consultation

5.0 on 5.0

Hi

Firstly, the standard deduction for Salaries is applicable from FY 18-19 i.e. AY 19-20 onwards.

Secondly, allowability of standard deduction shall depend on how your income is treated by your employer. If its only pension, standard deduction shall be available. However if it is paid along with current consultancy fees and TDS is deducted under 194J, standard deduction shall not be available.

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

Standard deduction is available but make sure tds is deducted under sec 192 ,because it is available only for salaried class .

It will be available for FY 18-19.

No standard deduction for consultants.

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

If you are getting pension then it is entitled for standard deduction of Rs. 40,000 from A.Y. 2019-2020 (Fy 2018-19).

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

However, if you are working as a consultant then you will not be eligible to claim the standard deduction. Please check your Form 26 AS as to under which sec has ypur tds been deducted.

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

Pension is considered to be a component of salary and is taxable in India. From FY 2018-19, a standard deduction of max. 40,000 is available against taxable salary.

Sanket Suresh Shah
CA, Mumbai
29 Answers

5.0 on 5.0

Hello Sir

Yes, you are eligible for standard deduction of INR 40000 or taxable income which ever is lower.

For consultancy income you will be treated as independent person and can claim deduction as prescribed under income tax act

Varun Chawla
CA, Ghaziabad
74 Answers
1 Consultation

5.0 on 5.0

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