Section 89
Relief when salary, etc., is paid in arrears or in advance. Repealed
About this Act
An Act to consolidate and amend the law relating to income-tax and super-tax
1Where 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:
2 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.
2 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
1. Subs. by Act 20 of 2002, s.38, for section 89 (w.e.f. 1-4-1996). Earlier section substituted by42 of 1970, s. 23
(w.e.f. 1-4-1971).
2. Ins. by Act 33 of 2009, s. 39 (w.e.f. 1-4-2010).
2. Ins. by Act 33 of 2009, s. 39 (w.e.f. 1-4-2010).