Pension Arrears - Taxation

Govt. Pensioner, regular IT assessee. Pension arrears from 01.03.2017 to 31.03.2023 received on 18.05.2023.

Accountant General sanctioned arrears on 23.01.2023. District Treasury Officer (Usur) sanctioned payment on 16.03.2023. Disbursement Officer (Sub-Treasury Officer) determined total amount of arrears payable as on 31.03.2023 and paid the amount on 18.05.2023.

Claiming Sec. 89(1) relief. Can I include the arrears in the income of FY 2022-23 on due basis?

 

Replies (5)
Quick Summary
This discussion concerns the taxation of pension arrears received in May 2023, relating to the period March 2017 to March 2023. The pensioner is seeking to claim relief under Section 89(1) of the Income Tax Act and is inquiring whether the arrears can be taxed on a 'due basis' in the financial year 2022-23 to potentially reduce their tax liability. The consensus suggests that salary arrears are generally taxable in the year of receipt, but the specific wording of the law regarding 'not taxed on due basis already' is being explored for potential discretion.

It will be taxable in FY 23-24, and you will also be allowed to claim deduction under section 89(1). For further details please check your inbox.

The law states that 'Salary arrear is taxable in the year of receipt, if not taxed on due basis already'. Can we choose to pay it on due basis or on receipt basis whichever is earlier as per sec. 15 of IT Act?  

We need to tax it on receipt basis only.

Thanks for the clarification. The clause 'If not taxed on due basis already' seems to give us discretion to pay tax on arrear pension on due basis in the FY 2022-23 (AY 2023-24). Can I take advantage of that discretion to pay tax on due basis which will result in considerable tax savings?     

Also, look into the article how to file form 10E

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