Query on section 89 of it act,1961

244 views 1 replies

After the recommendations of the 6th Central Pay Commission came into effect wef from 01.01.2006, basic pension of pre-2006 pensioners were revised from that date but only notionally and actual effect was allowed from 24.09.2012 by the GOI.

However, Government ultimately issued order for actual effect wef 01.01.2006 in as late as 2015 after protracted court cases culminating in apex court’s order in favour of pre-2006 retirees.

Consequently, arrear pension from 01.01.2006 to 23.09.2012 spanning eight financial years (FY2005-06 to FY2012-13) was paid to such pensioners in FY2015-16.

I would like to have clarifications on the following points under the above scenario.

1.       Whether I am entitled to the benefit of sec 89(1) of the IT Act, 1961 and claim it in ITR?

However, I had claimed it in the ITR of AY2016-17, but CPC, B’lore raised a demand in an intimation u/s 143(1), ibid, for this claimed amount.

If I upload form10E now in reply, will that be acceptable?

2.       Pension received in arrears in FY2015-16 and the total of col (3) of Table ‘A’ of form 10E for pension received in arrears relating to the relevant previous years in col (1) must exactly agree?

3.       There is actually a minor mismatch between the two amounts (0.58% of arrear) in my case.

Actually, arrear received> total of col (3) of Table’A’.

Is it acceptable?

Replies (1)

1. If I upload form10E now in reply, will that be acceptable?"

Yes, either in reply to notice, or revise the return after filling form 10E.

2. Probably yes, otherwise excess will be taxes in current year.

3. Need not worry, only arrears claimed in previous years will be taxed as per that, any excess will be clubbed in this particular year.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details
Company
24 June 2026
Chartered Accountant - GST & Direct Tax

APL

Mumbai

CA

View Details
Company
24 June 2026
Senior Account (VA Client Operations)

Karbon Business

Bengaluru

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details