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Finin2minCurrent Action Guide · 14 Aug 2026
Income TaxUpdated 5 October 2026Checked 14 August 2026

Salary Arrears Received After Employer Closure: Form 10E and Evidence Reconstruction

By Ravi Sisodia · Reviewed by CA Divyanshu Sengar · Updated 5 October 2026

2-minute summary

Current position

A 2026 form transition applies. Form 10E remains relevant for AY 2026-27 because that return is under the Income Tax Act, 1961. For income/relief under Tax Year 2026-27 and the Income Tax Act, 2025, the Income Tax Department states that Form 39 is the corresponding new form.

Control and evidence map

#Control / evidence requirement
1Determine whether the arrear relates to an old-Act AY or a new-Act Tax Year before selecting the form.
2Prepare a year-wise salary arrear table from available payroll, bank and employment evidence.
3Reconstruct prior-year total income/tax figures from filed returns and assessment records.
4File Form 10E for applicable legacy relief or Form 39 under the 2025 Act before/with the return as prescribed.
5Retain closure/insolvency/settlement evidence explaining why normal employer documents are unavailable.

Worked example

A company shuts in 2026 and former employees receive Rs 4 lakh of unpaid FY 2024-25 and FY 2025-26 salary through a settlement. The employee should allocate the arrears to those years, reconstruct prior returns and use the old-Act Form 10E route for the corresponding relief computation. A salary arrear arising in Tax Year 2026-27 under the new Act should be routed through Form 39 instead.

Common mistakes

  1. Using Form 10E automatically for every arrear received after 1 April 2026.
  2. Claiming section 89-type relief without year-wise reconstruction.
  3. Abandoning the claim because the employer no longer issues Form 16.
  4. Using bank receipt date as the only year-allocation evidence.

Frequently asked questions

Has Form 10E disappeared in 2026?

No. It remains applicable for old-Act years such as AY 2026-27; Form 39 is the new-Act form for Tax Year 2026-27 onward.

What if the employer has closed?

Reconstruct the salary and prior-year figures from independent records and retain evidence of closure/settlement.

Is every delayed salary eligible for relief?

Eligibility depends on the applicable law and the nature of the receipt; complete the prescribed form and computation.

Official sources

Disclaimer: Educational and informational content only. Apply the current law, instrument, facts and professional judgement before acting.

Disclaimer

Educational and professional reference only; confirm the current law, rates and the facts of your case before relying on this page.

Educational and professional reference only — not financial, tax or legal advice. Verify the current official position from the primary source before relying on any figure, rate, provision or deadline.