Taxability Of Arrear Of Salary – Relief U/S 89

The Relief is available under the following cases:

• Salary received in arrears or in advance;
• Salary for more than 12 months in one financial year;
• Family Pension being paid in arrears;
• Gratuity
• Compensation on termination of employment; and
• Commuted Pension

One important thing to note is that relief can only be claimed if tax paid is actually higher due to receipt of such arrears. If there is no extra tax liability, relief is not allowed. In case of VRS Compensation being received by the employee no relief shall be granted under Section 89 if one has claimed exemption u/s 10(10C) for Voluntary Retirement Scheme. An assessee can claim either exemption under section 10(10C) or relief u/s 89 but not both together.

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To calculate the relief, the following steps should be taken:

Step 1: Firstly, calculate the tax due in the current year by including the arrears in your total income.

Step 2: Now calculate the tax due in the current year by excluding the arrears from your total income.

Step 3: Compute the difference of the two figures of Step 1 & 2 and let’s call that difference as ‘X’.

Step 4: Now Calculate your tax due in the year for which the arrears have been received by including the arrears in your total income.

Step 5: Then Calculate your tax due in the year for which the arrears have been received by excluding the arrears from your total income.

Step 6 : After that compute the difference of the two figures of Step 4 & 5 and let’s call the difference as ‘Y’.

Step 7: Lastly subtract X (Step 3) from Y (Step 6) and you will get the relief amount.

This can be better understood with the help of the example below:

Suraj earned Rs. 15,00,000 p.a. in FY 2016-17 and also received an arrear of Rs. 3,00,000 p.a. for FY 2014-15. His total salary in FY 2014-15 was Rs. 6,00,000 p.a.

The table below explains the calculation of relief:

Relief under section 89 = X-Y = 92700-61800=30900.

Now, after the calculation of relief let’s talk about the mandatory requirement in these cases:

To claim relief u/s 89, you must submit Form 10E online on the Income Tax Website before filing the Return of Income. Remember, your salary slips serve as proof of receipt of arrears therefore should be kept safely.

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Form 10E

Form 10E is the form for furnishing particulars of income under section 192(2A) for claiming the relief. The features of Form 10E :

• The form 10E has the total details regarding the salary of employee, its deductions and arrears received.
• The form 10E is to be filed before filing of the income tax returns. If the form 10E is not filed by the employee and if they claim for the tax relief then income tax department will notify them regarding filing of form 10E in order to get the claim.
• Submission of form 10E is quite easy as the form is available on the income tax department’s e portal. You just have to visit the portal and login to the account. If visiting for the portal for the first time then you should register and create valid id and password. The form 10E is available in the income tax forms section. With just some easy steps and filling of the required information you can submit the form on the portal. There are annexures given while filling the form.
• You have to select the relevant annexure and fill it. Annexure I is for the arrear amount. Annexure II is for the gratuity and annexure III is for the compensation received on termination of job. For pension annexure IV is required to be filled along with the form.

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Now, let’s understand the process to file Form 10E:

The steps to file Form 10E online –

• Login to https://incometaxindiaefiling.gov.in/ with your User ID, password and date of birth.
• Now click on tab named ‘e-File’ and select ’Income Tax Forms’.
• The screen shall appear as below. From the 1st drop down select Form 10E.
• Now select the Assessment Year for which Form 10E is to be filed and fill the submission mode as "Prepare and submit online."
• Now when you will click on continue, the Form 10 E screen shall appear as below. You may read the instructions on how to file Form 10E given in the 1st blue tab and then enter the relevant information by clicking on other blue tabs.

Don’t forget on click on “Save Draft” while filling the form and lastly click on “Preview & submit “and you are done with it.

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