Tax liability on family pension due to department delays

Raghuram reddy (Querist) 31 July 2016 This query is : Resolved
Sir my mother is a family pensioner and due to department delays her pension was sanctioned very late which is suppose to be sanctioned in the year 2011 but it was sanctioned in 2016 due to this my mother had got an pension arrears in this financial year from Feb 2011 to may 2016 ( 11lac ) and after deducting the tax she got only 9.5 lac approximately

If the arrears are paid in times mother does not come under tax slabs ( we are in loss due to department delay)

Kindly let me know if can class a refund under any section of the income tax or under which section I can approach court of law

Kindly help how to go about this in order to get the money back which are paid as an income tax

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Guest (Expert) 31 July 2016
Mr. Raghuram Reddy,

First of all get form 16 for TDS without any delay from the pension drawing office and thereafter consult some capable expert to file your mother's IT Return claining refund of the excess paid tax. Time is very short, as extended last date for filing returns is 5th August, 2016, only.

R.K Nanda (Expert) 31 July 2016
Nothing to add.

adv.bharat @ PUNE (Expert) 31 July 2016
Do as per expert advice you will be benefited if act according to expert advice.

Sudhir Kumar, Advocate (Expert) 01 August 2016
in such like cases the recipient is allowed to split up the arrears in past financial years and file revised return.

Rajendra K Goyal (Expert) 01 August 2016
Agree with the expert Sudhir Kumar.

Assesses can claim benefits u/s 89 IT Act also.

Discuss with tax consultant.

Kumar Doab (Expert) 01 August 2016
Approach your ITax consultant and act ASAP.

P. Venu (Expert) 01 August 2016
Yes, the Income Tax amount received in arrears could be worked out in terms of Section 89. Your mother could have given submitted statement accordingly to the disbursing Officer. Now that the amount has already been deducted, she get the refund by filing the IT return.

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