Case Law Details
Case Name : Shri Nandinho Rebello Vs DCIT (ITAT Ahmedabad)
Related Assessment Year :
Courts :
All ITAT ITAT Ahmedabad
Become a Premium member to Download.
If you are already a Premium member, Login here to access.
During the year under consideration the assessee served with Reliance Communication for 39 days for the period 01.04.2009 to 09.05.2009 and received a total salary of Rs.1,64,636/-, out of which Rs.1,10,550/- was recovered as notice pay as per agreement with the employer. Therefore, the assessee declared salary income of Rs.54,086/- after deducting notice pay of Rs.1,10,550/-. Thereafter, the assessee joined in Sistema Shyam Teleservices Ltd where he served for a period from 18.05.2009 to 24.02.2010 and received a total salary of Rs.13,95,880/- out of which Rs.1,66,194/- was deducted as notice...
This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Kindly Refer to
Privacy Policy &
Complete Terms of Use and Disclaimer.
We have process FNF of one of our employee where we have shown 10000 as gross and deducted 4000 as notice period net 6000 was paid to him. But he went to labour court and commissioner instruct us it pay 3000 from notice period deduction. We have issue form 16 for rs. 10000/- but now employee ask us to issue the same for rs 13000. Please send the clarification along with section.
I had worked in organization for 11 days & left the company without serving notice period. Company recovered notice pay 62000 but in form 16 I see total amount including 11 day payment & INR 62000 of recovery pay. Can we mention deduction of INR 62000 while filing IT return. If so where & how should we mention the deduction.
If not so, what can be the action required from my side? Please suggest.
Hi Sir, i have one confusion. Please reply proper comment.
Confusion is: I had paid Rs.62220 as notice period and paid month was october 2018. But my period of this company was 26th feb 2017(last day). But my full and final settlement date was 30th april and i had paid amount in october 2018. So i have applied this amount in this financial year. Please suggest me.
In case employee had worked during notice period , one was eligble to get salary for total period and no deduction by employer. In fact payment of notice period by employee is towards salary payable by employer during notice period. Therefore it is also recovery of salary.
This judgement is to tax the actual salary received by the assessee.
If the case was that the assessee received the salary in full and then paid the recovery amount, the complete received salary would be taxable (not excluding the recovery amount) ?