Taxation

This query is : Resolved 

03 August 2015 what is the treatment of arrears salary received in subsequent year? and also the tax treatment?

14 July 2016 Your question "What is the treatment" is not clear. From whose point of view do you require the treatment? Payer or the recipient?

Arrears of salary are taxable in the year of receipt. One may claim relief under Section 89 on the salary arrears.

26 July 2025 The **treatment of arrears of salary** received in a **subsequent year** (i.e., for past years) is governed by specific provisions of the **Income Tax Act, 1961**. Here's a detailed explanation:

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### ✅ **1. Taxability of Arrears of Salary**

* Arrears of salary are **fully taxable** under the head **"Income from Salaries"** in the year in which they are received.
* Even though they pertain to earlier years, they are taxed in the **year of receipt**.

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### ✅ **2. Relief Under Section 89(1)**

To avoid higher tax liability due to the **bunching of income**, you can claim **relief under Section 89(1)**.

#### 🔹 When is Relief Allowed?

When **salary received in arrears** causes your **total income** to be **taxed at a higher slab rate**, you can apply for relief.

#### 🔹 How to Claim Relief:

1. Calculate **tax payable on total income including arrears** in the year of receipt.
2. Calculate **tax payable on total income excluding arrears**.
3. Compute the **difference** between these two = Extra tax due to arrears.
4. Now compute the **tax that would have been payable** if the arrears had been taxed in the respective years they pertain to.
5. The **relief under section 89(1)** is the **difference** between the extra tax due to arrears and the additional tax that would have been payable in those earlier years.

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### ✅ **3. Required Forms and Compliance:**

* For claiming relief, you must **fill Form 10E** and submit it **online on the Income Tax Portal**.
* It is **mandatory** to file Form 10E before filing your Income Tax Return (ITR), if claiming relief.

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### 🔍 **Example:**

Suppose in FY 2024–25 (AY 2025–26), you receive ₹1,50,000 as arrears for FY 2021–22.

* You include ₹1,50,000 in total salary income in FY 2024–25.
* You compute tax with and without the arrears.
* Then compute how much tax would have been payable in FY 2021–22 had you received the ₹1.5L then.
* The **difference is your relief under 89(1)**.

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### 📌 Summary:

| Particular | Treatment |
| ------------------ | ---------------------------------------- |
| **Taxable Year** | Year of receipt |
| **Head of Income** | Income from Salary |
| **Relief** | Available u/s 89(1) |
| **Form Required** | Form 10E (mandatory for claiming relief) |

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Would you like help calculating the Section 89(1) relief with numbers?


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