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  1. EPS pension query: Are pensioners denied ₹75,000 standard deduction under New Tax Regime?

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EPS pension query: Are pensioners denied ₹75,000 standard deduction under New Tax Regime?

balwant jain

3 min read | Updated on February 26, 2026, 19:13 IST

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SUMMARY

For an income to become taxable under the head "Salary", it is necessary that there is or has been a relationship of employee and employer. EPS pension qualifies this test.

EPS pension news

Standard deduction is available for EPS pension. | Image source: Shutterstock

The EPS pension gets taxed under the head "Income from Salary". Thus, it is eligible for the ₹75,000 standard deduction on salary income available under the new tax regime. However, there seems to be a misconception among some pensioners that the EPS pension is treated as "income from other sources" and does not qualify for the ₹75,000 standard deduction. Today's Q&A clarifies this misconception in response to a reader's query.

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Question: Pension to the central, state govt and private employees is defined as pension. As per the Income-tax Act,1961, pension is classified under Section 17 as 'income from salary'. This is eligible for the standard deduction of ₹75,000 in the new tax regime. But the Income Tax Department classifies "EPS pension" of private employees as income from other sources and as "Family pension," thus denying Standard Deduction of ₹75,000. Instead, Section 57 (2) is quoted, giving a maximum ₹15,000 deduction only. It is wrong. Family pension is defined as a pension given to the spouse or children after the death of the original pensioner. The EPS pension should be part of the salary only. Why is there this double standard and wrong classification of EPS pension under Family pension? Your expert advice is awaited.

Answer: For an income to become taxable under the head "Salary", it is necessary that there is or has been a relationship of employee and employer. Since the pension is received by the ex-employee from his ex-employer for the services rendered by him in the past, the same, rightly, gets taxed under the salaries head.

Even the pension, which has a connection with the services rendered in the past, also gets taxed under the salaries head.

For example, an annuity received by an employee from an insurance company in respect of a superannuation corpus bought by the employer gets taxed as salary, as this has a connection with the past services rendered.

By the same logic, the pension received from EPFO (Employee Provident Fund Office) under EPS (Employee Pension Scheme) needs to be taxed under the salaries head and not under “Income from other sources” head stated by you.

The family pension is received by a family member or dependent due to their relationship with the deceased and not for any relationship of employment, and, therefore, rightly gets taxed under the head “Income from other sources”. The recipient can claim a deduction of a lower of 1/3rd of the pension or ₹25,000, if you opt for the new tax regime. Deduction available under the old tax regime is 1/3 of the pension, subject to a maximum of ₹15,000.

In my opinion, there is no inconsistency or irrationality in the taxation of all these pensions.

Have a personal finance and income tax query? We will try to get them answered by experts. Write to rajeev.kumar@rksv.in
Disclaimer: The views and opinions expressed above are those of respective experts/commentators and do not reflect the views of Upstox. The above Q&A is only for informational purposes and should not be considered investment or tax advice from Upstox. Please consult a tax expert for your complex tax problems.
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About The Author

balwant jain
Balwant Jain is a Mumbai-based tax and investment expert.

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