Arrears and Sec 89(1), and deductions

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Dushyant

23 Points Posted on 10 February 2022

For FY 20-21 my employer was not able to pay full salary.

However, I was still investing for 80C and few other things throughout that year.

In FY 21-22, my employer paid the arrears (salary that belonged to previous year).

However, now that puts a huge amount in the 30q bracket for me.

I read that Form 10 Sec 89(1) can help with this.

For FY 20-21 ITR, I have mentioned what I have received along with the 80C deductions.

Will Form 10 Sec 89(1) help me such that I would be charged tax oj arrears as if I received it in the FY 20-21? Will it consider my deductions?

Or will I still have to pay tax as if I received all of it in FY21-22?

Replies (2)

Quick Summary

This discussion explores how Section 89(1) of the Income Tax Act can provide relief for individuals receiving salary arrears. The user received back pay in FY 21-22 for FY 20-21, pushing them into a higher tax bracket. They are seeking clarification on whether Section 89(1) will allow them to be taxed as if the arrears were received in the original financial year, and if their previous deductions (like 80C) will be considered in this recalculation.

debora M

BUSINESS DEVELOPMENT MANAGER

1382 Points Posted on 22 February 2022

As per Section 89(1), tax relief is provided by recalculating tax for the year in which arrears are received and the year to which the arrears pertain; and the taxes are adjusted in the year in which they were due. Note: Form 10E has to be filed before filing of the Income Tax Return.

Tax is calculated on the taxpayer's total income earned or received during the year. If the assessee has received any portion of salary 'in arrears or in advance', or received a family pension in arrears, under the Income Tax Act it is allowed to claim tax relief under section 89(1).

Dushyant

23 Points Posted on 28 February 2022

Originally posted by : debora M
	As per Section 89(1), tax relief is provided by recalculating tax for the year in which arrears are received and the year to which the arrears pertain; and the taxes are adjusted in the year in which they were due. Note: Form 10E has to be filed before filing of the Income Tax Return. Tax is calculated on the taxpayer's total income earned or received during the year. If the assessee has received any portion of salary 'in arrears or in advance', or received a family pension in arrears, under the Income Tax Act it is allowed to claim tax relief under section 89(1).

Thanks for your answer. But could you be more specific? I have already read my numerous articles before posting question here. They all said there will be a tax relief under sec 89(1).

However, will it consider by 80C investments for the previous year? Standard deductions and 80D?

Or will it just consider the tax slabs, preventing me from getting taxed 30% for all of the arrears?