Answer

ITR

Sec 89 relief under the new tax regime

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  1. Facts

    Yes. Sec 89 relief is a relief from tax, not a deduction that the new regime takes away. You can claim it whichever regime you choose, if you file Form 10E.

  2. Provisions and law

    • Sec 89 (now Sec 157)Relief when salary or family pension is received in arrears or in advance
    • Sec 115BAC (now Sec 202)New tax regime
  3. Analysis

    Many people assume the new regime blocks all reliefs; it blocks most deductions and exemptions, but Sec 89 relief stays. With lower new regime rates, relief may be smaller or nil, so compute it. For example, a government employee getting ₹1,50,000 of DA arrears may still get relief if earlier years were taxed at 20% under the old regime and this year is mostly at 15% or less.

  4. Conclusion

    1. Choose your regime for the year
    2. Compute relief in Form 10E
    3. File Form 10E before the ITR
    4. Claim the relief in the ITR

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