FORM 10E

How to File Form 10E though Income Tax Portal?

To file Form 10E, the following steps should be taken –

• You should log into your income tax account at the website https://incometaxindiaefiling.gov.in/. To login you would have to enter your user ID, password and date of birth
• On the main page, choose ‘e-File’ and then choose ‘Income Tax Forms’.
• A new page would open in which you should provide your PAN number and choose ‘Form 10E’ in the ‘Form Name’ section. You would also have to enter the ‘Assessment Year’ and the ‘Submission Mode’ for the form.
• After you provide the details, you would be taken to a new page wherein the instruction for filling up Form 10E would be mentioned.
• You should fill the form as per the instructions and submit it online.

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What are the details required in Form 10E?

The basic details of taxpayer required for filing of the Form 10E have been depicted in step by step pictorial representation below

STEP 1 :-

• Name and address of the employee who is claiming relief under Section 89(1)
• Residential address of the employee
• Amount of arrear salary received according to the provisions contained in sub-rule (2) of Rule 21A
• Amount of gratuity payment received for at least the last 5 years for past services according to the provisions contained in sub-rule (3) of Rule 21A
• Amount of compensation received from the present or former employer upon termination of employment. This compensation is payable if the employee has rendered at least 3 years of continuous service or if the unexpired duration of the service is at least 3 years. This compensation is paid according to the provisions contained in sub-rule (4) of Rule 21A
• Amount of commuted pension received according to the provisions contained in sub-rule (5) of Rule 21A

Further details regarding arrears of salary not taxed earlier (as depicted in the picture below)

Following details are required to be furnished in the first step

• Name and address of the employee who is claiming relief under Section 89(1)
• PAN number of the employee
• Residential address of the employee
• Amount of arrear salary received according to the provisions contained in sub-rule (2) of Rule 21A
• Amount of gratuity payment received for at least the last 5 years for past services according to the provisions contained in sub-rule (3) of Rule 21A
• Amount of compensation received from the present or former employer upon termination of employment. This compensation is payable if the employee has rendered at least 3 years of continuous service or if the unexpired duration of service is at least 3 years. This compensation is paid according to the provisions contained in sub-rule (4) of Rule 21A
• Amount of commuted pension received according to the provisions contained in sub-rule (5) of Rule 21A

Further details regarding arrears of salary not taxed earlier (as depicted in the picture above)

STEP 2 :-

Add further details as required in Annexures

• Annexure 1: Arrears or Advance salary.

  Calculation of Relief u/s 89(1) by providing the following details:

• Annexure 2: Details of gratuity.

  For Period of services extending over a period of 5 years or more but not more than 15 years.

• Annexure 2/2A: Details of gratuity.

  For Period of services extending over 15 years and more.

• Annexure 3: Compensation on termination of employment.
• Annexure 4: Computation of Pension.

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Brief understanding of Sec. 89(1)

Tax is calculated on your total income earned or received during the year. If you have received any portion of your salary in arrears or in advance, then you are allowed some tax relief under section 89(1).
For a taxpayer, tax liabilities for a Financial Year are calculated from the income earned during that year. Sometimes, that income includes arrears. Usually tax rates increase with time which means that you may have to pay higher taxes in such cases. However, the Income Tax Act provides you relief in those situations u/s 89(1).

So, if you receive any arrear salary or family pension, you don’t have to be afraid of the increased incidence of taxation. The Income Tax Act allows you to claim tax reliefs on arrear incomes. You should, therefore, understand how the relief would be calculated and how you can file your tax returns to claim the relief.

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