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					         Tax Relief Calculator u/s 89(1) on Arrears of Salary

                Things you can do with this calculator

            1   Relief Calculation of arrears of Salary

            2   Printout of calculation

            3   Form - 10 E and Printout



                Instructions

            1   Firstly enter the pay details in Six Pay Commission Arrears Calculator sheet
                Data will will be automatically transferred to Relief Calculation sheet or
                you can skip entering details in Sixth Pay Commission Arrears Calculator
                Enter monthly arrears in Relief Calculation sheet in Yellow color cell

            2   Select Male or Female and incase of Senior Citzen Click YES or NO

            3   Fill all necessary details in white cells




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STEP 4 ( Last Step)                                                 Medium




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                                                 Updated as on 10.12.2009


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                      About the author
                      R. Venkatesh Reddy,
                      Working in Income Tax Department
                      Bangalore, Karnataka
                      Contact E-mail : taxcalcindia@gmail.com or
                                E-mail: taxcalc@rediffmail.com or
                                  E-mail: taxcalc@in.com


                      Click on below to visit my website to download the updated Software


                                 http://89reliefcalc.blogspot.com

                                http://taxcalcindia.blogspot.com



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Name                                         ANITA BHAL
Designation                                  LECTURER


                    Calculation of Relief under section 89(1)
                                          TAX ON ACCRUAL BASIS
            Assessment Year                   2010-11    2009-10     2008-09       2007-08     2006-07
Salary received excluding arrears              1172624      458366      403055        359527     329678    TOTAL
Add: Arrears of salary                                           0      104223         81545       15793    201561
               Gross salary                  1,172,624     458,366     507,278       441,072     345,471
                Deductions
Tax on employment                                               0            0            0           0
Any other deductions u/s 10 & 17                                0            0            0           0
Income chargeable under "Salaries"           1,172,624    458,366      507,278       441,072    345,471
Add: Other Income                                    0           0            0            0          0
          Gross Total Income                 1,172,624    458,366      507,278       441,072    345,471
Deductions under chapter VI-A (80 C etc)        100000     100000       100000        100000      81610
              Total Income                   1,072,624    358,366      407,278       341,072    263,861
           Tax on total income                  222787       23673        67683       48,822     25,658
Add - Surcharge                                      0           0            0            0          0
Tax with Surcharge                             222,787      23,673       67,683       48,822     25,658
Add - Education cess                              6684         710         2030          976        513     TOTAL
Tax with surcharge and cess                    229,471      24,383       69,713       49,798     26,171    399535.8



                                          TAX ON RECEIPT BASIS
            Assessment Year                   2010-11    2009-10     2008-09       2007-08     2006-07
Salary excluding arrears                       1172624     458366       403055       359527      329678
Add: arrears of salary on accrual basis        201561
               Gross salary                   1374185      458366      403055        359527      329678
                Deductions
Tax on employment                                   0           0            0            0           0
Any other deductions u/s 10 & 17                    0           0            0            0           0
Income chargeable under "Salaries"           1,374,185    458,366      403,055       359,527    329,678
Add: Other Income                                    0           0            0            0          0
           Gross Total Income                1,374,185    458,366      403,055       359,527    329,678
Deductions under chapter VI-A                   100000     100000       100000        100000      81610
              Total Income                   1,274,185    358,366      303,055       259,527    248,068
           Tax on total income                  283256       23673        36417        24358      21114
Add - Surcharge                                      0           0            0            0          0
Tax with Surcharge                             283,256      23,673       36,417       24,358     21,114
Add - Education cess                              8498         710         1093          487        422     TOTAL
Tax with surcharge and cess                    291,754      24,383       37,510       24,845     21,536    400027.9



              Total Tax on Receipt basis (A)                                      400,028
              Total Tax on Accrual basis (B)                                      399,536
              Tax relief u/s 89 {C = (A - B)}                                       492
Designed by: R. Venkatesh Reddy
                                        FORM NO. 10 E
                                            [ See rule 21 AA ]

1        Name and address of the employee              : ANITA BHAL
                                                         H.NO - 77
                                                         NEW COLONY
                                                         GURGAON
                                                         HARYANA

2        Permanent account number                      : ACEPB7930L

3        Residential status                            : Resident and Ordinarily Resident


              Particulars of income referred to in rule 21A of the Income tax rules, 1962, during the
                                previous year relevant to assessment year 2010-11

                                                                                                  Rs.
1    a        Salary received in arrears or in advance in accordance with                          201561
              the provisions of sub-rule (2) of rule 21A

     b        Payment in the nature of gratuity in respect of past services, extending              NIL
              over a period of not less than 5 years in accordance with the provisions of
                 sub-rule (3) of rule 21A

     c        Payment in the nature of compensation from the employer or former                     NIL
              employer at or in connection with termination of employment after
              continuous service of not less than 3 years or where the unexpired portion
              of term of employment is also not less than 3 years in accordance with the
              provisions of sub-rule(4) of rule 21A

     d        Payment in commutation of pension in accordance with the provisions of                NIL
              sub-rule (5) of rule 21A

2   Detailed particulars of payments referred to above may be given in Annexure - I,                I
      II,IIA, III or IV, as the case may be.




                                                                                            Signature of the employee


                                                          Verification


    I, do hereby declare that what is stated above is true to the best of my knowledge and belief
    Verified today, the day of ………………………………………….

    Place:

    Date:
                                                                                            Signature of the employee



    Designed by: R. Venkatesh Reddy
                                             ANNEXURE - I
                                    ( See item 2 of Form No. 10 E )

                            ARREARS OR ADVANCE SALARY

       1   Total income (excluding salary received in arrears or advance)                               1,072,624

       2   Salary received in arrears or advance                                                            201561

       3   Total income (as increased by salary received in arrears or advance)                         1,274,185

       4   Tax on total income (as per item 3)                                                              291,754

       5   Tax on total income (as per item 1)                                                              229,471

       6   Tax on salary received in arrears or advance                                                      62,283
           [ Difference of item 4 and item 5 ]

       7   Tax computed in accordance with Table “A”                                                         61,791
           [ Brought from column 7 of Table “A” ]

       8   Relief under section 89(1)                                                                          492
           Note : If 7 is greater than 6, 8 is shown as NIL, instead of (-) minus figure




                                                          TABLE " A "
                                                     [ See item 7 of Annexure ]
                                               Total income (as
                            Salary received in
                                                 increased by                                 Difference in
                                arrears or
                                                salary received                                tax [Amount
            Total Income of advance relating                       Tax on toal   Tax on total
Previous                                          in arrears or                               under column
              the relevant   to the previous                      income [ as income [ as per
Year(s)                                           advance) of                                    (6) minus
             previous year       year as                         per column (2)] column (4)}
                                               relevant previous                              amount under
                  ( Rs)       mentioned in                            (Rs.)         (Rs.)
                                                year mentioned                                  column (5)
                               column (1)
                                                  in Column 1                                      (Rs.)
                                   (Rs)
                                                      (Rs)
   1                2                3                  4               5             6              7

2005-06               248,068                     15793                263,861             21,536           26,171     4,635

2006-07               259,527                     81545                341,072             24,845           49,798    24,953

2007-08               303,055                   104223                 407,278             37,510           69,713    32,203

2008-09               358,366                            0             358,366             24,383           24,383        0




                                                                                                    TOTAL             61,791
http://89reliefcalc.blogspot.com
                                               Circular : No. 331
                                    [F. No. 174/102/79-IT(A-I)], dated 22-3-1982.

                                    section 89 l RELIEF WHEN SALARY ETC., IS
                                        PAID IN ARREARS OR IN ADVANCE

623. Scope of relief under the section in five situations explained


1. Section 89(1) authorises grant of relief in a case where an employee receives salary in arrears or in advance
or has received in any financial year salary for more than twelve months, a payment which under the provisions
of section 17(3)(ii ) is a profit in lieu of salary. The effect of such increase is that the income will be assessed at
a higher rate than it otherwise would have been assessed and it is for this reason that section 89(1) authorises
relief to be allowed. The relief is to be allowed in terms of rule 21A of the Income-tax Rules, 1962.

2. Rule 21A(1) enumerates the following five different situations wherein the assessees will be entitled to relief
(four of these are specific situations while the fifth is a residuary one) :
a. salary being received in arrears or advance;
b. where the payment is in the nature of gratuity in respect of past services extending over a period of not less
than five years is received;

c. where the payment is in the nature of compensation received by the employee from his employer or former
employer at or in connection with termination of his employment after continuous service of not less than three
years and where the unexpired portion of the term of employment is also not less than three years;
d. where the payment is in the nature of commutation of pension;
e. where the payment is not covered by the description given in (a ) to (d ) above.

The relief is to be worked out in the first four situations in accordance with the specific modes described in rule
21A (2)(a ) to (d ).

3. The authority to grant relief in the four specific cases is the Income-tax Officer assessing the employee. In the
residuary case, it is Central Board of Direct Taxes.



4. The relief under section 89(1) is to be given in the assessment in which the extra payment by way of arrears,
advance, etc., is taxed. The mode of granting relief spelt out in rule 21A(2) to 21A(5) would show that in all the
four different cases the exercise of giving relief is initiated by bringing to tax the whole of the extra amount in the
assessment for the assessment year relevant to the year of receipt. Basically, the relief under section 89(1) is
arithmetical. It involves finding out of two rates of tax. The first is the rate of tax applicable to the total income
including the extra amount in the year of receipt. The second is finding out the rate by adding the arrears to the
total income of the years to which they relate. For this purpose the assessee should be asked for a true and
authentic statement of the total income of the earlier years to which the arrears pertain There is no warrant for
issuing a notice under section 148 or calling for returns of income of the earlier years.




                                               Circular : No. 431
                                    [F. No. 174/43/82-IT (A-II)], dated 12-9-1985.
624. Relief in case of encashment of leave salary by an employee while in service - Whether admissible

1. Section 89(1) provides for relief to an assessee when salary, etc., is paid in arrears or in advance or if he
receives in one financial year salary for more than 12 months or a payment which under the provisions of clause
(3 ) of section 17 is a profit in lieu of salary and therefore, his income is assessed at a rate higher than at which
it would have otherwise been assessed. This relief is granted by the Income-tax Officer on an application made
to him in this behalf.

2. The question of admissibility of relief under section 89(1) in respect of amounts received on encashment of
leave salary while in service was considered by the Board. The Board are advised that relief under section
89(1) read with rule 21A of the Income-tax Rules would be admissible in respect of encashment of leave salary
by an employee when in service. The encashment of leave salary on retirement whether on superannuation or
otherwise has already been exempted, by insertion of clause (10AA ) in section 10, by the Finance Act, 1982
with effect from 1-4-1978.
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   Frequently Asked Questions about relief under section 89(1)
Qn.1     There was a wage revision in our office, as a result employees have received arrears.
         Can we allow relief by bifurcating the income to respective years
Ans      The employer is required to consider and allow relief under section 89(1), at the time of
         computing tax liability and tax deductible, where employee submits requisite Form 10 E as
         prescribed under Rule 21 A, furnishing particulars of his salary, etc, paid in advance or arrear.
         The following categories of employers are only empowered to consider and allow such relief:
         (a) Government; (b) Local Authority; (c) Co-operative Society; (d) University; (e) Institution,
         Association or Body; and (f) Company. In case of any other employer, the employee (
         Assessee) himself has to apply for such 'Relief' in the prescribed Form 10 E as above, directly
         to his Assessing Officer in his personal assessment along with his return of income.


Qn. 2    What is the procedure for allowing relief under section 89(1)
Ans.     In the case assessee who receive income from salaries, under section 89(1) of the Income Tax
         Act provides for granting relief from income tax in the following circumstances

          (1) When salary is paid in Arrears
          (2) When salary is paid in Advance
          (3) When salary for more than 12 months is received
          (4) When any payment in the nature of profit in lieu of salary (Example : accumulated balance
         paid from an unrecognised provident fund or payment of compensation) is paid

         As a result of receipt of amount mentioned above, the income of an assessee suffer tax at a
         higher rate. Therefore, relief from tax is provided for in section 89(1).
        The relief has to be granted in accordance with the provisions contained in Rule 21A of the
        Income Tax Rules. Earlier to 01.06.1987, the employee had to seek this relief by making
        application for the purpose before the Income Tax Authorities only. However, w.e.f
        01.06.1987, in the case of Government Servants and employees of Public Sector
        Undertakings(PSU), relief under this section could be given by the employers at the time
        of deducting tax at source. This is provided for under section 192(2A) of the Income Tax
        Act. This has been extended to all Companies, Co-operative Societies, Universities or
        Institutions ,etc w.e.f 01.06.1989.


                Procedure for granting relief under section 89(1) by the Employer

         (i) The Employer should obtain an application from the employee in Form No. 10 E
         (ii) Relief should be worked out in the manner provided in Rule 21A

                           Method of Computing Relief Under Rule 21 A

        When Salary is paid in Arrears

          (i) Calculate the tax on the total income first by including the arrears and then by excluding the
        arrears. Thereafter arrive at the differential tax
         (ii) Apportion the arrears to the respective preceeding years to which the arrears relate and
        add such apportioned amount to the total income determined for those years
         (iii) Find out the tax on the revised total income for each of the years
         (iv) Find out the differential tax in respect of each of the year by deducting the tax determined
        on the total income of the respective earlier years from the tax arrived at in the step no (iii)

         (v) Aggregate the differential tax arrived at in step No. (iv)
         (vi) Deduct aggregate differential tax specified in step No (v) from the differential tax arrived
        at step No (i)
         (vii) The resultant amount of tax would be the relief under section 89(1)
         (viii) The relief worked out as above should be reduced from the tax payable by the employee
        on the total income which includes the arrears of salary and only the balance of tax is to be
        deducted at source


Qn. 3   To get relief under section 89(1) how to apply to CBDT. Is there any format ?
Ans     There is no need to apply to CBDT. The Employer (the specified category of Employers only)
        can himself allow relief under section 89, provided the employee furnishes the details in Form
        No. 10 E

Qn. 4   I have received salary arrears this year pertaining to last three years. Can I spread may
        tax liability by claiming relief u/s 89(1) ? Is it also available for surcharge payable in this
        year ?
Ans     Yes, you can claim the relief, when it was not there. There is no restriction on claiming relief u/s
        89(1) in respect of surcharge.

Qn. 5   An official had been paid excess salary of Rs. 35,000/- in the financial year 1995-96 in
        Madras. Accordingly the tax was also deducted in the year. Later on the excess salary
        was recovered in the financial year 1996-97 in Bangalore. What is the procedure for
        rebate ?
Ans     He can claim relief under section 89(1)
Qn.6    I am an ex-bank Employee, who had received a sum of Rs. 8 lakhs on VRS. I had claimed
        exemption on Rs. 5 Lakhs u/s 10(10 C) (viii). Can I claim relief u/s 89(1) on the balance
        amount ?
Ans.    Yes, you can claim the relief u/s 89(1) as well as exemption u/s 10(10 C) also
        But this has withdrawn from the Assessment Year 2010-11

        VRS and termination: Under a voluntary retirement scheme employees enjoyed an
        exemption of up to Rs 5 lakh on the lump sum received under section 10 (10C). They
        also enjoyed the benefits of Section 89, which allowed them to spread the arrears
        backward, as well as carry advances forward, in order to reduce the tax burden in a
        given year. The Budget has decided to do away with this double benefit and inserted a
        clause in Section 89 that does not allow the benefits under Section 10(10C) if the former
        is opted for.

        This amendment will take effect from April 1, 2010, and will apply in relation to
        assessment year 2010-11 and subsequent years.

Qn.7    If an employee has paid rent in the previous year. Whether revised HRA rebate can be
        allowed for the relevant year ?
Ans     No. HRA rebate is based on the actual rend paid. Since the rent paid to the landlord can not be
        changed retrospectively. HRA rebate can not be reworked.

Qn. 8   For Professional Tax deduction etc., out of arrears, whether the entire rebate to be
        allowed in the receipt year or can be apportioned to the previous years ?
Ans     The rebate can only be claimed in the year of receipt.

Qn. 9   Whether relief under section 89(1) is available from Leave Encashment ?
Ans     Yes. In case of leave encashment, since the leave pertains to a number of years, a question of
        giving relief under section 89(1) could be available in such cases.

        Clarified that relief under section 89(1) read with rule 21 A of Income Tax Rules would be
        admissible in respect of encashment of leave salary by an employee while in service

Qn. 10 Assessee received compensation which included back wages. Whether TDS under
       section 192 is to be effected ?
Ans.   To deduct tax at source under section 192, the assessee is entitled to spread over relief under
       section 89
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ction 89(1)

				
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Description: calculates relief u/s 89(1)