அகில.இந்திய.BSNL.ஓய்வூதியர் நலச்சங்கம்..........திருநெல்வேலி..
Thursday, September 30, 2021
Wednesday, September 29, 2021
Tuesday, September 28, 2021
Saturday, September 25, 2021
20% ADDITIONAL PENSION CASE ON ATTAINING 80 YEARS AGE
Some of our members and even some leaders are requesting the CHQ to take up the case on the basis of Hon Gauhati High court judgement dated 15/3/2018 and the SLP filed by the government before the Hon Supreme Court was dismissed on 8/7/2019.
We have not written any letter in this regard because of the following reasons:-
1) The case pertains to one retired HC judge Shri Virendra Dutt Gyani.
2) The Supreme Court and High court judges are covered by a separate Act called "Salaries and conditions of service Act 1954.
3) The petitioner in the above case quoted section 17B of the Act which deals with
"Additional quantum of pension or family pension".
It says "Every retired judge or after his death, the family, as the case may be, shall be entitled to an additional quantum of pension or family pension in accordance with the following scale:-
From 80 years to less than 85 years - 20% .
4) We are covered under CCS (Pension) Rules, 1972. Rule 49 (2-A) mentions about additional quantum of pension which says " In addition to pension admissible in accordance with sub-rule (2) after completion of 80 years of age or above, additional pension shall be payable to the retired Government servant in the following manner:-
From 80 years to less than 85 years - 20% .
5) Here in this rule it's very clear that eligibility comes on completion of 80 years of age.
6) Claiming the additional quantum of 20% pension from the beginning of 80 years of age Southern Railway Pensioners association and two others filed a case before Hon CAT, Ernakulam Bench vide OA No 504 of 2009.
7) The CAT gave the following order on 28/7/2009 to Secretary, DoP&PW.
"To consider the representations along with the grounds raised in the OA and pass a suitable order within a period of two months from the date of communication of this order".
8) Accordingly DoP&PW considered and rejected the claim vide it's OM dated 27/8/2009. The order stated "a person attains the age of 80 years only when he completes the age of 80 years and not when he completes the age of 79 years".
8) in the same order there was also a logic argument that the retirement age of Central Government employees is 60 and allowed to retire on completion of 60 year of age and not on completion of 59 years of age.
9) Anyway JCM staff side secretary has written a letter.
10) Because of the above reasons we did not take up the case
P Gangadhara Rao
GS
Friday, September 24, 2021
24 Sept 2021
22 Sept 2021
whether reimbursement of CGHS subscription to BSNL absorbed retired employees is taxable ?
BSNL Clarification vide No. BSNLCO-TAXN/13(18)/3/2020-TAXATION/4362 Dated:-22-09-2021.
Query :Whether reimbursement of CGHS subscription to BSNL absorbed retired employees is to be treated as income of the retired employee? And, if the answer is in affirmative, the head under which it is chargeable.
Reply: As per the proviso to section 17(2) of the Income Tax Act,1961 any reimbursement by the employer in respect of any insurance premium paid by the employee to effect an insurance on his health or the health of his family under any approved scheme by Central Govt. or IRDA is a tax free perquisite. However, in the absence of clarity on whether reimbursement to BSNL absorbed retired employees on account of CGHS subscription is an insurance premium or not, on a conservative basis, tax may be deducted at source under the head of salary.
Thursday, September 23, 2021
Monday, September 20, 2021
PENSION ANOMALY CASE
The contempt petition came up for hearing today.
DoT lawyer asked for 3 months time because number of pensioners are more and they're in the process of collecting the particulars.
Our lawyer argued about the undue delay for implementing the judgement delivered in 2016.
If the Hon Judge summon the Telecom secretary, order may be issued immediately.
Our lawyer was vociferous in demanding immediate release of the order.
But Hon CAT granted six weeks time and adjourned the case to 6/11/2021.
We are extremely disappointed about the approach of the CAT. Their own judgement is treated with contempt by the Telecom bureaucracy.
P Gangadhara Rao
GS
Thursday, September 16, 2021
Monday, September 13, 2021
Conditional relief to the senior citizen above the age of 75 years from filing the Income-tax Return
CBDT has notified a new rule to provide conditional relief to the senior citizen above the age of 75 years from filing the income-tax return as per Section 194P.
Conditions for exemption under section 194P .
Senior citizens should be of age 75 years or above.
Senior citizens should be ‘ Resident’ in the previous year.
He has pension income and interest income only. Interest income accrued/ earned from the same specified bank in which he is receiving his pension.
The senior citizen will submit a declaration containing some details (mentioned below) to the specified bank.
The bank is a ‘specified bank’ as notified by the Central Government. Such banks will be responsible for the TDS deduction of senior citizens after considering the deductions under Chapter VI-A and rebate under 87A.
Once the specified bank, as mentioned above, deducts tax for senior citizens above 75 years of age, there will be no requirement to furnish income tax return by senior citizens.
Filing of a declaration by senior citizen
The specified bank as mentioned above shall deduct TDS on the basis of a declaration submitted by the senior citizen to the bank. The declaration should contain the below-mentioned details :
Total income of the senior citizen
Deductions availed under section 80C to 80U
rebate available under section 87A
Confirmation from the senior citizen of having only pension and interest income
Benefits to the senior citizen under 194P
Once the specified bank as mentioned above deducts TDS under section 194P, the provisions of section 139 (return filing) will not apply to senior citizen aged 75 years and above. This means that if the specified bank deducts TDS under this section, then the senior citizen need not file their ITR. CBDT Notification