Partial double taxation of contribution to superannuati on fund – Section 17(2)(vii)

Issue/Justification

Section 17(2)(vii) of the Act, as amended by the Finance Act, 2016, provides that any contribution to an approved superannuation fund by the employer, to the extent it exceeds one lakh and fifty thousand rupees, will be taxable as a perquisite in the hands of the employee.

Contributions to superannuation fund may or may not result in superannuation benefits to the employees, since there are various conditions to be fulfilled by the employees like serving a stipulated number of years, reaching a certain age etc. Further, the pension payments are subject to tax at the time of actual receipt by the employee after his retirement. This may lead to partial double taxation for the employee where the contributions had been taxed earlier also (when the contributions exceeded INR one lakh and fifty thousand rupees).

Suggestion

It is suggested that the employer contributions to an approved superannuation fund may be made fully exempt from tax. This will also encourage one of the key focus areas of the Government of creating a pension based society.

Source-  ICAI Pre-Budget Memorandum–2018 (Direct Taxes and International Tax)
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One Comment

  1. CA SANDEEP KHANDELWAL says:

    One of my assessee have received an arrear of approved superannuation fund from financial year 2008-09 to 2012-13 in the financial year 2013-14.

    Is he eligible to take advantage of section 17(2)(vii) which is prescribed by this section from time to time or this arrear receipt is fully taxable..???

    Further he is not eligible to take advantage of Section 89(1) Since he is already from very beginning in 30% tax bracket.

    What will be the relief assessee can take in this regard..???

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