| [Relief  when salary is paid in arrears or in advance, etc. 21A.  [(1) Where, by reason of any portion of an assessee's salary being paid in  arrears or in advance or, by reason of any portion of family pension received by  an assessee being paid in arrears or, by reason of his having received in any  one financial year 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, his income is  assessed at a rate higher than that at which it would otherwise have been  assessed, the relief to be granted under sub-section (1) of section  89 shall be— (a)  where any portion of the assessee's salary is received in arrears or in advance  or, any portion of family pension is received by an assessee in arrears, in  accordance with the provisions of sub-rule (2); (b)  where the payment is in the nature of gratuity in respect of past services of  the assessee extending over a period of not less than five years, in accordance  with the provisions of sub-rule (3); (c)  where the payment is in the nature of compensation received by the assessee from  his employer or former employer at or in connection with the termination of his  employment after continuous service for not less than three years and where the  unexpired portion of his term of employment is also not less than three years,  in accordance with the provisions of sub-rule (4); (d)  where the payment is in commutation of pension, in accordance with the  provisions of sub-rule (5); and (e)  where the payment is not in the nature of salary paid in arrears or in advance  or gratuity in respect of past services or compensation received at or in  connection with the termination of employment or in commutation of pension, in  accordance with the provisions of sub-rule (6). (2)(a)  In a case referred to in clause (a) of sub-rule (1), the tax payable by the  assessee on his total income of the previous year in which the salary is  received in arrears or in advance or, in which the family pension is received in  arrears (such salary or family pension being hereafter in this sub-rule referred  to respectively as the additional salary or additional family pension, as the  case may be, and such previous year being hereafter in this sub-rule referred to  as the relevant previous year) shall be reduced by the amount, if any, by which  the tax on the additional salary or additional family pension, calculated in the  manner specified in clause (b), exceeds the tax or the aggregate tax on the  additional salary or additional family pension, calculated in the manner  specified in clause (c) or clause (d), as the case may be. (b)  Tax shall be calculated on the total income of the relevant previous year as  reduced by the additional salary or additional family pension, as the case may  be, as if the total income so reduced were the total income of the assessee, and  the amount by which the tax so calculated falls short of the tax on the total  income before such reduction shall, for the purposes of clause (a), be taken to  be the tax on the additional salary or additional family pension, under this  clause. (c)  Where the additional salary or additional family pension, as the case may be,  relates to only one previous year, tax shall be calculated on the total income  of the said previous year as increased by the additional salary or additional  family pension, as if the total income so increased were the total income of the  assessee, and the amount by which the tax so calculated exceeds the tax payable  by the assessee in respect of the total income of the said previous year shall,  for the purposes of clause (a), be taken to be the tax on the additional salary  or additional family pension, under this clause. (d)  Where the additional salary or additional family pension, as the case may be,  relates to more than one previous year,— (i)  the previous years to which the additional salary or additional family pension  relates and the amount relating to each such previous year shall first be  ascertained; (ii)  tax shall, then, be calculated on the total income of each such previous year as  increased by the amount relating to such previous year ascertained under  sub-clause (i); as if the total income so increased were the total income of  that previous year, and the amount by which the aggregate amount of tax in  respect of the aforesaid previous years as calculated under sub-clause (ii)  exceeds the aggregate amount of tax payable by the assessee in respect of the  total income of the said previous years shall, for the purposes of clause (a),  be taken to be the aggregate tax on the additional salary or additional family  pension, under this clause.] (3)  (a) In a case referred to in clause (b) of sub-rule (1), the tax payable by the  assessee on his total income of the previous year in which the payment by way of  gratuity is received (such previous year being hereafter in this sub-rule  referred to as the relevant previous year) shall be reduced by the amount, if  any, by which the tax on the amount of the gratuity included in the total income  of the relevant previous year, calculated at the average rate of tax applicable  to such total income, exceeds the tax on the amount of such gratuity, calculated  at the rate of tax determined under clause (b) or, as the case may be, clause  (c). (b)  Where the payment by way of gratuity is made in respect of past services of the  assessee extending over a period of not less than five years but less than  fifteen years,— (i)  the total income of the assessee in respect of each of the two previous years  immediately preceding the relevant previous year shall be increased by an amount  equal to one-half of the amount of the gratuity included in the total income of  the relevant previous year, and the average rate of tax for each of the said two  previous years shall be calculated as if the total income so increased were the  total income of that previous year; and (ii)  the average of the average rates of tax for the two previous years immediately  preceding the relevant previous year, calculated in accordance with sub-clause  (i), shall, for the purposes of clause (a), be the rate of tax determined under  this clause. (c)  Where the payment by way of gratuity is made in respect of past services of the  assessee extending over a period of not less than fifteen years,— (i)  the total income of the assessee in respect of each of the three previous years  immediately preceding the relevant previous year shall be increased by an amount  equal to one-third of the amount of the gratuity included in the total income of  the relevant previous year, and the average rate of tax for each of the said  three previous years shall be calculated as if the total income so increased  were the total income of that previous year; and (ii)  the average of the average rates of tax for the three previous years immediately  preceding the relevant previous year, calculated in accordance with sub-clause  (i), shall, for the purposes of clause (a), be the rate of tax determined under  this clause. (4)  (a) In a case referred to in clause (c) of sub-rule (1), the tax payable by the  assessee on his total income of the previous year in which the payment by way of  compensation is received (such previous year being hereafter in this sub-rule  referred to as the relevant previous year) shall be reduced by the amount, if  any, by which the tax on the amount of the compensation included in the total  income of the relevant previous year, calculated at the average rate of tax  applicable to such total income, exceeds the tax on the amount of such  compensation, calculated at the rate of tax determined under clause (b).
 (b) The total income of the assessee in respect of each of the three previous  years immediately preceding the relevant previous year shall be increased by an  amount equal to one-third of the amount of the compensation included in the  total income of the relevant previous year, and the average rate of tax for each  of the said three previous years shall be calculated as if the total income so  increased were the total income of that previous year; and the average of the  average rates of tax so calculated for the three previous years shall, for the  purposes of clause (a), be the rate of tax determined under this clause.
 (5)  (a) In a case referred to in clause (d) of sub-rule (1), the tax payable by the  assessee on his total income of the previous year in which the payment in  commutation of pension is received (such previous year being hereafter in this  sub-rule referred to as the relevant previous year) shall be reduced by the  amount, if any, by which the tax on the payment in commutation of pension  included in the total income of the relevant previous year, calculated at the  average rate of tax applicable to such total income, exceeds the tax on the  amount of such payment, calculated at the rate of tax determined under clause  (b). (b)  The total income of the assessee in respect of each of the three previous years  immediately preceding the relevant previous year shall be increased by an amount  equal to one-third of the amount of payment in commutation of pension included  in the total income of the relevant previous year, and the average rate of tax  for each of the said three previous years shall be calculated as if the total  income so increased were the total income of that previous year; and the average  of the average rates of tax so calculated for the three previous years shall,  for the purposes of clause (a), be the rate of tax determined under this clause. (6)  In a case referred to in clause (e) of sub-rule (1), the Board may, having  regard to the circumstances of the case, allow such relief as it deems fit.] |