Salary taxation

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This query is : Resolved

ashish (Querist)

04 July 2013 In Salary taxation, Tax is to be paid on Due or paid whichever is earlier

Now fact of case is as follow

Mr.x working in YS ltd. Salary 10 lakh p.a
Now company has not paid any salary for last 6 months and now company is seized by revenue department and other auothrities and director have filed insolvent application.

Company has paid TDS on due amt although no salary has been paid to employees for last 6 months

Now My que are as below:-

1) Is mr.y has to declare my salary as per form.26 or he can declare as receipt and claim tax refund?

2) Is he is liable for payment for tax on salary not receipt at all?

During last months he has recd on pieces of income like 10000 in Sep nd 15000 in Nov...So how to divide that amt in different components of salary like HRA da...?

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)

07 July 2013 Without paying actual salary , employer cannot show as the income to employee in the form 16, it should match with the salary expenses claimed by employer. so see the form 16 and ask the employer

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