Claim for Relief u/s 89

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This discussion addresses how to claim relief under Section 89 of the Income Tax Act for pension arrears received after a delay. It explains the process for stopping Tax Deducted at Source (TDS) on current monthly pension payments and clarifies the correct procedure and deadlines for filing Form 10E. The advice suggests submitting a draft Form 10E to the pension office or applying for a lower deduction certificate if necessary.

ravi shankar

ravi shankar (Querist)
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24 July 2022 Arrears of Pension for 6 years or so from 2016 were received from State Govt. in April 2022. There was no TDS from Pension before receipt of arrears. But after payment of arrears, besides TDS on arrears, some amount is being deducted from monthly pension as TDS towards Income Tax. If only pension amount of current FY is taken into account there will be no Income Tax dues for AY 2023-24 Sirs, (1) Is there any way to get TDS from monthly pension stopped? (2) Is there any due date to file Form 10 E to claim relief u/s 89:- can it be done before completion of the FY or has it to be done after 31March but before due date for filing ITR (normally 31July)?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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24 July 2022 10E filing to be done after 31March but before due date for filing ITR (normally 31July).
To stop TDS submit 89(1) statment to TDS deduction authority.

ravi shankar

ravi shankar (Querist)
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24 July 2022 Sir, thank you. So clear and concise. Thank you Sir.

CA PARTH SHAH

CA PARTH SHAH (Expert)
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06 August 2022 You may contact your pension office and ask them to stop deducting TDS on the monthly pension by submitting the draft Form 10E. If Pension office refuse to stop the the TDS, you may apply for Lower Deduction certificate from TDS authourity and submit the certificate to pension department. Based on that pension depart will deduct tds at the rate specified in the certificate. w

ravi shankar

ravi shankar (Querist)
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07 August 2022 Thank you, Shah Sir!

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