When relief under section 89 of the Income Tax Act 1961 is available?
- Received Salary or family pension in arrears or in advance [Rule 21A (2)]
- Received Gratuity in excess of exemption under section 10(10)(ii)/(iii) [Rule 21A(3)]
- Received Compensation on termination of employment [Rule 21A(4)]
- Commuted pension in excess of exemption under section 10(10A)(i) [ Rule 21A(5)]
In case of payment received other than above CBDT (Central Board of Direct Taxation) can allow relief under section 89 after examining each individual case. [Rule 21A (6)]
Section 89 of Income Tax Act
Relief for income-tax Relief when salary, pension, etc., is paid in arrears or in advance.
Section 89 of Income tax Act. Where an taxpayer is in receipt of a sum in the nature of salary, being paid in arrears or in advance or is in receipt, in any one financial year, of salary for more than 12 months or a payment which under the provisions of clause (3) of section 17 is a profit in lieu of salary, or is in pension receipt of a sum in the nature of family pension as defined in the Explanation to clause (iia) of section 57 of this act, being paid in arrears, due to which his total income is taxpayer at a rate higher than that at which it would otherwise have been assessed, the Income tax Assessing Officer shall, on an application made to him in this behalf, grant such relief of this act as may be prescribed:
Provided that no such relief shall be granted in respect of any amount received or receivable by an assesses/taxpayer on his voluntary retirement or termination of his service, in accordance with any scheme or schemes of voluntary retirement of taxpayer or in the case of a public sector company referred to in sub-clause (i) of clause (10C) of section 10 of this act, a scheme of voluntary separation, if an exemption in respect of any amount received or receivable on such voluntary retirement of taxpayer or termination of his service or voluntary separation has been claimed by the assessee/taxpayer under clause (10C) of section 10 in respect of such, or any other, assessment year.
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