Tax implication on Recovered Amount from salary due to not serving the agreed tenure


This query is : Resolved 

Quick Summary
An employee paid back £40,000 to their employer for not completing a two-year employment bond, but TDS was deducted on the full £150,000 salary. The employer refused to reflect the £40,000 deduction on Form 16, stating it's not tax-exempt. However, it is possible for the employee to claim tax relief on the recovered amount, as indicated by relevant case law.

24 March 2023 Dear,

Greetings of the day.
Please help in the below issue.

Employer offered 15Lakh Salary upon a 2 years bond, if he did not serve the job for 2 years and break the bond he have to refund 4Laks rupees to employer.

Due to some reasons he left the job and paid back to employer 4 Lakhs. The TDS is deducted on 15Lakhs.

Employee asked his employer to mention 4Lakhs in FORM16 but employer denied and saying "deduction for not serving the agreed tenure, these deductions will not fall under tax exemptions".

As employee already paid TDS on total 15 Lakhs now is it possible to take tax advantage on that 4Lakh recovered amount?

Please help

Thanks




24 March 2023 Yes, tax advantage of 4 lacs can be taken.
See the link for case law.
https://www.taxcorner.co.in/2020/01/recovery-of-notice-pay-for-notice-period-is-deductible-and-not-taxable-itat.html?m=1

24 March 2023 Thanks for the reply seetharaman sir..

25 March 2023 You are welcome..
...


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
04 September 2026
CA inter Or ca finalist

A Jaiswal and company

Lucknow

CA Final

View Details
Company
ARTICLESHIP 01 September 2026
Articles

Saini Pati Shah & Co LLP, Chartered Accountants

Mumbai

CA Foundation

View Details
Company
14 August 2026
Semi Qualified

Goyanka & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 10 August 2026
Article Assistant

Suraj Garg and Associates

New Delhi

CA Inter

View Details
Company
Featured 19 August 2026
Chartered Accountant

apricus india

Pune

CA

View Details
Company
19 August 2026
Chartered Accountant - Financial Consolidation & Reporting

Synergy Keystone

Mumbai

CA

View Details
Company
17 August 2026
Chartered Accountant with US GAAP Experience

Austin Med Solutions Pvt Ltd

Bengaluru

CA

View Details
Company
11 August 2026
COMPLIANCE EXECUTIVE

YMW COMPLIANCE SERVICES LLP

Others

CA Final

View Details