Annuity or Pension under the Income Tax Act, 1961: Section 17(1)(ii)

By | June 4, 2015

As Per section 17(1)(ii) of the Income Tax Act, 1961 Annuity or Pension is payment which is made by  the employer to the employee after retirement/death of the employee as a reward for services performed in the organization.

Annuity or pensions are of two types:

  • Commuted pension: where a lump sum amount is paid to the employee. Commuted pension is exempt in case of Govt. employee and for others employees it is taxable based on the receipt of gratuity.
  • Uncommuted pension: where the employee is paid periodically i.e. on a monthly basis. It is taxable in case of both govt. and non govt. employee.

Reference:

As Per Section 17(1)(ii), Of the Income Tax Act, 1961-

For the purposes of sections 15 and 16 and of this section,—

(1)  “salary”  includes—

(i)  wages;

(ii)  any annuity or pension;

(iii)  any gratuity;

(iv)  any fees, commissions, perquisites or profits in lieu of or in addition to any salary or wages;

(v)  any advance of salary;

(va)  any payment received by an employee in respect of any period of leave not availed of by him;

(vi)  the annual accretion to the balance at the credit of an employee participating in a recognized provident fund, to the extent to which it is chargeable to tax under rule 6 of Part A of the Fourth Schedule;

(vii)  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 an employee participating in a recognized provident fund, to the extent to which it is chargeable to tax under sub-rule (4) thereof; and

(viii) the contribution made by the Central Government or any other employer in the previous year, to the account of an employee under a pension scheme referred to in section 80CCD;

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