Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes CIRCULAR No. 13/2019 North Block, New Delhi June 2019
Circular No. 13/2019 was issued by the Central Board of Direct Taxes on 24 June 2019. Its subject is Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes CIRCULAR No. 13/2019 North Block, New Delhi June 2019.
This grants an exemption or a relief under a provision that allows one. Read the conditions attached: an exemption notification is construed strictly, and a condition missed is the exemption lost.
Confirms that the service element and the disability element of a disability pension granted to armed forces personnel invalided from service on account of a bodily disability attributable to or aggravated by that service are exempt from tax. The route is section 297(2)(c): a notification under section 60 or section 60A of the Indian Income-tax Act, 1922 that was in force immediately before the 1961 Act commenced continues in force to the extent the 1961 Act makes no provision, and Notification No. 878-F dated 21 March 1922 exempted pensions granted to members of the naval, military or air forces invalided on account of such bodily disability.
The exemption rests on a 1922 notification carried forward by a saving provision, and its continued operation needed to be stated plainly.
Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes CIRCULAR No. 13/2019 North Block, New Delhi June 2019
Subject: Exemption of service element and disability element of disability pension granted to disabled personnel of armed forces who have been invalided on account of disability attributable to or aggravated by such service
Under the existing provisions of clause (c) of sub-section 2 of section 297 of the Income-tax Act, 1961, any notification issued under sub-section (1) of section 60 or section 60A of the Indian Income-Tax Act, 1922 (now repealed) and in force immediately before the commencement of the Act shall continue to be in force to the extent to which no provision has been made under the Act. Previously, vide Notification no. 878-F dated 21.03.1922, it was ordered that "pensions granted to members of His Majesty's naval, military or air forces who have been invalided for naval, military or air force service on account of bodily disability attributable to or aggravated by such service would be exempt from tax."
In the pension disbursing bank's tax deduction on pension, in the Form 16 issued for it, and in an intimation under section 143(1) where the exempt pension was picked up as taxable.
It mentions. Circular No. 13/2019
Source: the Income Tax Department’s own published text — its page for this instrument.