September 2025

Tax Treatment of Family Pension Payments Received by Legal Heirs of a Deceased Employee

Here’s a detailed analysis of the tax treatment of family pension payments received by legal heirs of a deceased employee under the Income Tax Act, 1961: 1. Taxability of Family Pension Classification: Taxed under “Income from Other Sources”[Section 56(2)]. Recipient: Legal heirs (spouse, children, dependent parents) of the deceased employee. Tax Basis: Pension amount is fully taxable but […]

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Tax Treatment of Employee Welfare Fund Contributions under Section 56(2)(ic)

1. Applicability of Section 56(2)(ic) This provision covers any sum of money received by an employer from an employee for: Welfare funds(e.g., employee welfare trust, group insurance, provident fund) Other similar contributionsdeducted from salary Key Condition: The amount must not be statutory (e.g., EPF, ESI) but voluntary or contractual. 2. Taxability in Employer’s Hands Taxable as “Income from Other Sources”if:

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Deductions Allowed from “Income from Other Sources” [Section 57]

Section 57 of the Income Tax Act, 1961, permits specific deductions while computing taxable income under the head “Income from Other Sources.” Unlike business income, deductions are limited and strictly defined. 1. Deductions Allowed Under Section 57 NATURE OF INCOME DEDUCTION ALLOWED CONDITIONS Dividend Income (from non-exempt sources) Interest expense (up to 20% of dividend income) [Sec 57(iii)] Must be incurred to

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Section 58: Amounts Not Deductible from “Income from Other Sources”

1. Overview of Section 58 Section 58 specifies expenses that cannot be deducted while computing taxable income under the head “Income from Other Sources”, even if they are incurred to earn such income. This ensures strict compliance with tax laws and prevents misuse of deductions. 2. Key Non-Deductible Expenses CATEGORY DESCRIPTION RELEVANT CLAUSE Personal Expenses Expenses not wholly/exclusively

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Deemed Income Chargeable to Tax [Section 59]

Section 59 deals with deemed income that becomes taxable under the head “Income from Other Sources” when certain conditions are met. It applies primarily to recoveries, benefits, or remissions related to previously claimed deductions or losses. 1. Applicability Section 59 applies when: An assessee has claimed deductions, allowances, or lossesin earlier years. Later, they recoverthe amount or obtain a benefit (e.g., remission of

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Clubbing of Income [Sections 60 to 65]

The Income Tax Act contains provisions to prevent tax avoidance by transferring income to other persons (usually family members or related entities). Sections 60 to 65 specify situations where income earned by another person is included (clubbed) in the assessee’s total income. 1. Transfer of Income without Transfer of Asset [Section 60] If an individual

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Transfer of Income Without Transfer of Asset [Section 60]

Concept: Section 60applies when a person transfers only the right to receive income from an asset without transferring ownership of the asset itself. In such cases, the income continues to be taxable in the hands of the original owner (transferor). Key Conditions: No Transfer of Ownership:The asset itself remains with the transferor. Only Income Rights Transferred:The transferee gets the right

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Revocable Transfer of Assets [Section 61]

Concept: Section 61states that if an asset is transferred in a revocable manner, any income from that asset will continue to be taxed in the transferor’s hands (not the transferee’s). This prevents taxpayers from reducing their tax liability by temporarily shifting income-generating assets to others while retaining control. Key Conditions for Revocable Transfer: A transfer is revocable if: The transfer

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When a Transfer is Considered Revocable [Section 63]

Section 63 defines what constitutes a revocable transfer for the purposes of Section 61. It clarifies when income from transferred assets will be taxed in the transferor’s hands instead of the transferee’s. Key Conditions for a Revocable Transfer A transfer is revocable under Section 63 if: 1.   The Transfer Can Be Reversed (Expressly Revocable) The transfer agreement explicitly allowsthe transferor to: Reclaim the asset(take it back). Regain

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Section 62: Irrevocable Transfers for a Specified Period

Key Rule: Section 61 (taxation of revocable transfers) does NOT applyif the transfer is irrevocable for a specified period (as defined under Section 62). In such cases, income is taxable in the transferee’s hands, not the transferor’s. Conditions for Section 62 to Apply (Irrevocable Transfer) For a transfer to be considered irrevocable and escape clubbing under Section 61, it must meet one of

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