In this case a lady has recieved pension in arrears of her deceased husband for financial year 2009-2010,2010-2011 in F.Y 2011-2012 and also recieved pension for 2011-2012.
she received all arrears in pensions of her husband on 29.12.2012, figures are as follows:-
FOR F.Y 2009-2010- 43,248/- , F.Y 2010-2011 - 1,95,012 /- , F.Y 2011-2012 -1,93,771/-
Now above pension is termed as FAMILY PENSION as per income tax and these family pension income is taxable under the head other sources u/s 56.
My question is that whether she can claim relief u/s 89 or not as this income is taxable u/h other source. If she can claim relief u/s 89 then kindly tell me for computing relief whose income for f.y 2009-2010 will be taken her husband or herself income since her husband died on 05/01/2010 & he was having income in that year.
One more detail i would like to share that she is also receiving her pension income for f.y 2009-2010- no pension, 2010-2011- 1,32,210/- f.y 2011-12 - 1,17,749/-, this pension income is taxable u/h salary.
Another question is if she can claim relief u/s 89 then while computing relief deduction u/s 57 of rs 15000/- or 1/3rd of pension which ever is lower is deductible from family pension or not .
NOW WHILE COMPUTING RELIEF U/S 89 WHAT WILL BE HER TOTAL INCOME FOR STEP 2 FOR F.Y 2011-2012 . IS IT 193771(FAMILY PENSION RECEIVED FOR 2011-12)+117749 (HER PENSION INCOME for 2011-2012 ) i.e. total 296520/-
CAclubindia
