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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)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2020-21
- Courts
- All ITAT, ITAT Bangalore
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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...






