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Salary Taxable Only on Accrual, Not Mere Form 16 or 26AS Entries: Bengaluru ITAT

Case Law Details

Case Name
Nilangsu Mitra Vs ITO (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2020-21
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Nilangsu Mitra Vs ITO (ITAT Bangalore) Bengaluru ITAT: Salary Is Taxable Only When It Becomes Due; Mere Reporting in Form 16 or Form 26AS Does Not Conclusively Establish Taxability The Bengaluru Bench of the ITAT held that salary is chargeable to tax under section 15 when it becomes due from the employer, irrespective of its actual receipt. Accordingly, where an employee disputes the salary reported by the employer, the decisive question is whether the disputed amount had actually become due under the terms of employment, and not merely whether it was reflected in Form 16, Form 26AS or the emp...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,732

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