Calculation of income for purpose of filing return
Simba (Service) (24 Points)
26 July 2015Simba (Service) (24 Points)
26 July 2015
Udgam Koomar
(Tax Technologist)
(1949 Points)
Replied 26 July 2015
Since you have not actually got the salary its illegal to issue form 16 on fudged data. You can file return for the actual amount and take benifit of th Section 89(1) in the year you get arrear salary paid. Its difficult to advise you as you are with wrong certified data copy invalid in the world of incometax. So first try to get real form 16.
Z
( )
(2965 Points)
Replied 27 July 2015
As per S.15 , which is the charging section, salary income is taxable on due basis , whether it has been paid or not
Relevant Extracts from S.15
" The following income shall be chargeable to income-tax under the head "Salaries"—
(a) any salary due from an employer or a former employer to an assessee in the previous year, whether paid or not;"
Do check for traces logo on form 16 and declare the income from salary as 10 Lakhs .
On a side note I would like to mention that u/s 192 the Co. is liable to deduct tax at the time of PAYMENT ONLY. However there shall be no consequences on you.
DO NOTE HOW MUCH TAX THEY DEDUCT ON NEXT PAMENT.
[Co. should not have deducted tax on 10 Lacs, but should have deducted only on the paid amount and for rest 5L, you were suppose to the self assessment / Advance Tax . Co's action has saved you from this]
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