Arrear Salary 89(1)

One of my client is working in Indian Judiciary and she got an order for payment of arrear salary of 723999 through revision of her pay scale from 01.01.2006 to 30.06.2010. As per order out of 723999, 30% of the arrear i.e 217200 was received by her during the financial year 2010-11 and another 30% of the arrear will be claimed during the financial year 2011-12 and the balance 40% was deposited in GPF after deducting Income Tax of 94800. My doubt is

a) Whether she is eligible to claim Relief u/s 89(1)

b) If yes, for what amount i.e whether for total sum of 723999 has to include in the respective previous financial years or the part amount i.e 30% and 40% which was received during the year including amount deposited in GPF.

c) Please suggest me what we have to do the amount going to receive in the next financial years. What is the implication of tax during that year?

d) Is it possible to her to claim 94800 as TDS during the current financial year agains her tax payable?

                Please post your valuable comments

Replies (1)
Originally posted by : AK.Mohan Raj Bharathi

One of my client is working in Indian Judiciary and she got an order for payment of arrear salary of 723999 through revision of her pay scale from 01.01.2006 to 30.06.2010. As per order out of 723999, 30% of the arrear i.e 217200 was received by her during the financial year 2010-11 and another 30% of the arrear will be claimed during the financial year 2011-12 and the balance 40% was deposited in GPF after deducting Income Tax of 94800. My doubt is

a) Whether she is eligible to claim Relief u/s 89(1)

b) If yes, for what amount i.e whether for total sum of 723999 has to include in the respective previous financial years or the part amount i.e 30% and 40% which was received during the year including amount deposited in GPF.

c) Please suggest me what we have to do the amount going to receive in the next financial years. What is the implication of tax during that year?

d) Is it possible to her to claim 94800 as TDS during the current financial year agains her tax payable?

                Please post your valuable comments

(a) yes she is eligible to claim relief u/s 89(1)

(b) 30% + 40% would be included in the return of income for the p.y. 2010-11. As this proportion was recived directly or indirectly and accordingly relief u/s89(1) should be computed.

(c) the balance 30% would be part of the income of the year 2011-12 and relief u/s 89(1) would be available in that too. The reliefe u/s 89(1) should be computed on FIFO basis.

(d) Yes

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
20 September 2026
Semi Qualified CA

Navin & Associates

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details
Company
08 September 2026
Audit Executive

Thammana & Associates

Srikakulam

B.Com

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
Featured 11 September 2026
Audit Executive

RBSM Corporate Advisors Private Limited

Pune

CA

View Details
Company
30 September 2026
Senior Accountant

Codeboard Technology

Chennai

B.Com

View Details
Company
16 September 2026
Internal Audit - Team Lead

Consulting & Beyond

Chennai

CA

View Details