As per CBDT clarification, an individual born on 1st April would complete each year of his age on 31st March, i.e. for FY 2019-20 (AY 2020-21), the date of birth (DOB) of individual should be on or before 1 April, 1960/ 1940 to complete 60/ 80 years of age on or before 31 March 2020, for getting income tax benefits/ status as a senior/ very senior citizen, respectively.
It may be noted that Higher tax exemption limits have been prescribed for resident senior/ very senior citizen taxpayers who have attained the age of 60/ 80 years, at any time during the relevant previous year (i.e. from 1 April to 31 March).
Senior Citizen Meaning
Senior Citizen means a resident individual, who is of the age of 60 years or more, but less than 80 years, at any time during the relevant previous year.
For example, an individual born on or before 1 April, 1960 shall be considered as having completed 60 years of age, as on 31 March 2020, for the purpose of getting income tax benefits or status as a senior citizen in respect of FY 2019-20/ AY 2020-21.
Very Senior Citizen/ Super Senior Citizen Meaning
Very Senior Citizen/ Super Senior Citizen means a resident individual, who is of the age of 80 years or more at any time during the relevant previous year.
For example, an individual born on or before 1 April, 1940 shall be considered as having completed 80 years of age, as on 31 March 2020, for the purpose of getting income tax benefits or status as a ‘super/ very senior citizen’ in respect of FY 2019-20/ AY 2020-21.
1. Higher tax exemption limits have been prescribed under the past Finance Acts for resident senior citizen taxpayers who have attained the age of sixty years. Even in such cases, the exemption limit is still higher for very senior citizens who have attained the age of eighty years. A doubt has been raised about the attainment of the aforesaid qualifying ages for availing higher exemption in cases of the persons whose date of birth falls on 1st April of calendar year. In other words, the broader question under consideration is whether a person born on 1st April of a particular year can be said to have completed a particular age on 31st March, on the preceding day of his/her birthday, or on 1st April itself of that year.
2. The matter has been examined. Although specific provision does not exist in this regard under the Income-tax Act, 1961, the Hon’ble Supreme Court had an occasion to consider a similar issue in the case of Prabhu Dayal Sesma vs. State of Rajasthan &, another 1986, AIR, 1948 wherein it has dealt with on the general rules to be followed for calculating the age of the person. In this judgment , Apex Court observed that while counting the age of the person, whole of the day should be reckoned and it starts from 12 o’clock in the midnight and he attains the specified age on the preceding, the anniversary of his birthday. The observation of Hon’ble Supreme Court in para 9 of the aforesaid judgment reads as under:
“9……. At first impression, it may seem that a person born on January 2, 1956 would attain 28 years of age only on January 2, 1984 and not on January 1, 1984. But this is not quite accurate. In calculating a person’s age, the day of his birth must be counted as a whole day and he attains the specified age on the day preceding, the anniversary of his birthday. We have to apply well accepted rules for computation of time. One such rule is that fractions of a day will be omitted in computing a period of time is years or months in the sense that a fraction of a day will be treated as a full day. A legal day commences at 12 o’clock midnight and continues until the same hour the following night. There is a popular misconception that a person does not attain a particular age unless and until he has completed a given number of years. In the absence of any express provision, it is well settled that any specified age in law is to be computed as having been attained on the day preceding the anniversary of the birthday”
3. In view of the aforesaid judgment, the Central Board of Direct Taxes, in exercise of powers under section 119 of the Act, hereby clarifies that a person born on 1st April would be considered to have attained a particular age on 31st March, the day preceding the anniversary of his birthday. In particular, the question of attainment of age of eligibility for being considered a senior/very senior citizen would therefore be decided on the basis of above criteria.
4. The field authorities are directed to take note of above position for ascertaining the age while computing tax liability of a taxpayer falling in ‘Individual’ category, being resident in India.
Related Posts:
No TDS u/s 194A for Income upto 50,000 in the case of Senior Citizens: CBDT Clarification
Hi there, We have recently started sharing updates using Telegram App. In case you are using the Telegram app, then please JOIN our Channel 'CA Club Updates', using the link below (from a device where you are already logged in to Telegram App): |
My date of birth is 29/03/1940. Can I avail the benefit as super senior Citizen for FY 2019-20(AY 2020-21)?
For FY 2019-20/ AY 2020-21, date of birth of assessee should be on or before 1 April 1940 to be super senior citizen. This condition is satisfied in your case, given the DOB being 29 March 1940. So you can claim this benefit for FY 2019-20/ AY 2020-21. Hope this helps.
My date of birth is 18.12.1959. From when i can get benefit of senior citizenship?
From FY 2019-20/ AY 2020-21.
My date of birth is 18.02.1960. Am I considered as senior citizen for FY 2019-20 (AY 2020-21)?
Yes
My date of birth is 21st February, 1960, would I get the benefit of Senior Citizen for the purpose of Income Tax calculation for the financial year 2019-20 (Assessment year 2020-21)??
Yes
My DOB is Second April 1961 from which FY will I be considered as senior citizen as per income tax act??
From FY 2020-21/ AY 2021-22.
My date of birth is 14.08.1940. From when i can get benefit of very senior citizen? Am I eligible, for FY 2019-20 (AY 2020-21)?
You will be eligible from FY 2020-21 (AY 2021-22).
Further to above query, please clarify on the following issues:
1) What is the date from which i can get benefit of very senior citizen? What about FY 2019-20 (AY 2020-21)?
2) ITR submission date for FY 2019-20 (AY 2020-21) extended upto 30-11-2020, therefore while submitting ITR on 30-11-2020, Can I show the Particulars as Very Sr.Citizen?
1) In regard to Point 1, please note that benefit is given based on status on any day during relevant previous year. In your case very senior citizen status will be achieved on 13-08-2020 which falls during PY/ FY 2020-21 and hence you will get such relaxation accordingly.
2) Further regarding point 2 on extension of ITR filing date for FY 2019-20 (AY 2020-21), please note that the same has nothing to do with status of senior citizen.