Income from salary

This query is : Resolved

Mohan.Ram (Querist)
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12 May 2012 Dear sir,

is it required to pay income tax for which salary is not received for a particular month ?
Can u tell me the which section is applicable here ?

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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12 May 2012 Salary is taxable on due or receipt, whichever is earlier.

Suppose salary for the month of March, 2012 is paid in April, 2012.

In this case salary of March has not been received during 2011-12. However, it shall be taxable in 2011-12 only and the employee will have to pay tax on the same.

Mohan.Ram

Mohan.Ram (Querist)
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14 May 2012 what if
1.employer does not pay salary in future ?
2.employee resigns from the company before the employer pays it ? Is there any way to recover the tax paid already if employer doesnt pay salary ?

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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15 May 2012 If the employer has deducted TDS on accrual basis (by considering salary for the month of March, but has not paid it), then the employee can claim refund of tax by filing his return of income.

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