How to calculate relief u/s 89

This query is : Resolved

Prashant Balasaheb Bhawar (Querist)
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12 August 2011 One of my client recd pension arrears
whether can i claim relief u/s 89 ?

& if yes then how to calculate it

Means
1. As arrears salary recd or
2. As gratuity recd.

plz help

CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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12 August 2011 Relief is available , when the arrear pertains to earlier years -and calculate as
arrears of salary received.

Prashant Balasaheb Bhawar

Prashant Balasaheb Bhawar (Querist)
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12 August 2011 Thanks sir

as wording of sec 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 prescribed."

Pension is not cover but family pension is cover. but if we go by literal interpretation of heading i.e "[Relief when salary, etc., is paid in arrears or in advance." it is cover. as sec 17(1) cover pension.

thats why im little confused about it to claim relief u/s 89 or not ?

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