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SHASHANK SHEKHAR DASH (Banker)     11 August 2013

Notice period recovery

Sir,

How should  notice perriod recovery be treated in Form No 16. The employer has recovered 30 days salary.

My contention is that since earning has not been passed to the employee, the same should not be part of gross earning. It is not fair to pay income tax on some amount which you have not earned. Please cite case laws. In case the amount is shown in assessable income, can one  claim  any  benefit/ relaxation  for this THIS NOTICE PERIOD RECOVERY AMOUNT  at the time of filing IT return.

 

Regds

 

Shashank



Learning

 2 Replies

Kuummaar AS (........................)     12 August 2013

Go to link 

https://www.caclubindia.com/experts/notice-period-recovery-by-employer-and-form-16-treatment-426420.asp

Vallabh Parmar (Advocate)     16 August 2013

Please note that your salary is paid as TDS  by retaining the same on government behalf  and same is deposited in government account  and employer issues you a TDS certificate  FORM No 16  which you can claim as tax paid and if such amount is paid in excess  then what tax is due  then you can claim Refund in your Return of Income .


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