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Unable to file IT return for A.Y. 21-22


I am pensioner from UIICLtd. In FY19/20 I was paid pension for 13 months due to corona disturbances and I paid I tax on 13 months pension as per advise of tax consultant. In FY 20/21 payment of pension is for 11 months. When I T return filing for FY 20/21 is attempted providing 11 months' pension as received in FY 20/21 it is not accepted by e tax filing portal with message that pension is less than form 16 shown on 26AS..Form 16 for F.Y. 19/20&20/21 both are issued for 12 months on accrual base by pension paying authority viz. LIC, whereas I am paying tax on receipts base as income is taxable on accrued or paid base whichever is earlier. I don't want to pay tax twice on pension for March 20 accrued on 01/04/20 but paid on31/03/20. I may kindly be advised/guided. Thanks with regards. Ramesh





You have to file ITR as per form 16 only. You were wrongly advised to pay tax for 13 months last year.

Thanks. Kindly note form 16 for FY19/20 was received late due to change in address and by the time I received form , tax was paid, return filed. I would request way out. For many years I paid tax according to actual receipt of pension amount eventhough 26 AS were not updated by pension paying authority.

File rectification under section 154 based on form 16 and claim refund. It's only my suggestion see it's successful or not.

OK thanks. Tax payment for FY 19/20 on principle of tax payable on income due or received whichever is earlier is 100%as per law and claiming refund according to me is not warranted. I have doubt if refund will allow by I.Tax department in violation of own rules. I may inform that I have registered my grievance on e filing portal and await their response. Thanks.

Seetharaman Sir,
Will claiming under section 89 possible in this case given that the assessee has received the pension in advance last year? Please advise

Now it's not possible to claim 89 relief, revised return filing time over.

File rectification request for FY. 19-20 and mention cpc that you have disclosed income from pension for 13 months in FY 19-20 and also paid tax on 13 month Pension in FY 19-20.

For FY 20-21, show income for 11 months in ITR and claim tds for 11 months only. In case of demand raised in 143(1) order for FY 20-21, give same explaination that you have paid tax on 1 month Pension in FY 19-20 only.




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