Section 89 of Income Tax Act : Relief when salary, etc., is paid in arrears or in advance.

By | December 2, 2017
(Last Updated On: December 2, 2017)

Section 89 of Income Tax Act

( Amended by Finance Act 2017)

[ Section 89 of Income Tax Act explains Relief when salary, etc., is paid in arrears or in advance. ]

B.—Relief for income-tax]

68[Relief when salary, etc., is paid in arrears or in advance.

89. Where an assessee is in receipt of a sum in the nature of salary being paid in arrears or in advance or is in receipt, in any one financial year, of salary for more than twelve months or a payment which under the provisions of clause (3) of section 17 is a profit in lieu of salary, or is in receipt of a sum in the nature of family pension as defined in the Explanation to clause (iia) of section 57, being paid in arrears, due to which his total income is assessed at a rate higher than that at which it would otherwise have been assessed, the Assessing Officer shall, on an application made to him in this behalf, grant such relief as may be prescribed70:]

71[Provided that no such relief shall be granted in respect of any amount received or receivable by an assessee on his voluntary retirement or termination of his service, in accordance with any scheme or schemes of voluntary retirement or in the case of a public sector company referred to in sub-clause (i) of clause (10C) of section 10, a scheme of voluntary separation, if an exemption in respect of any amount received or receivable on such voluntary retirement or termination of his service or voluntary separation has been claimed by the assessee under clause (10C) of section 10 in respect of such, or any other, assessment year.]


Notes :

71. Inserted by the Finance (No. 2) Act, 2009, w.e.f. 1-4-2010.

70. See rule 21A for rules for computation of relief. See rule 21AA and Form No. 10E for prescribed particulars for claiming relief under section 89.

See also Circular No. 331, dated 22-3-1982 (Year in which relief is to be allowed) and Circular No. 431, dated 12-9-1985 (Relief on leave encashment).

68. Substituted by the Finance Act, 2002, w.r.e.f. 1-4-1996. Prior to its substitution, section 89 was amended by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971, the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988 and the Finance Act, 1988, w.e.f. 1-4-1989.

Related Post

Income Tax Books

Income Tax Press Release

Income Tax Notifications

Income Tax Circulars

Income Tax Instructions

Income Tax Office Memorandum

Income Tax Judgments

Income Tax FAQ

Income Tax Video Tutorial

Leave a Reply

Your email address will not be published. Required fields are marked *