Voluntary ex gratia paid by employer, after deducting tds,
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
31 March 2018
One employees received voluntary ex gratia from employer on termination of his employment.
Employer has deducted TDS on this amount.
There are various high court decision about non taxability of this voluntary ex gratia payment.
However, since employer has deducted TDS, employee wants to claim the same as refund from Income Tax.
How he has to present the same in IT return to get this refund.
Point to be noted is that the Form 16 issued employer has this ex gratia payment included in salary income
Please advise.
Regard
Employer has deducted TDS on this amount.
There are various high court decision about non taxability of this voluntary ex gratia payment.
However, since employer has deducted TDS, employee wants to claim the same as refund from Income Tax.
How he has to present the same in IT return to get this refund.
Point to be noted is that the Form 16 issued employer has this ex gratia payment included in salary income
Please advise.
Regard
02 April 2018
File return showing ex-gratia as exempted income and seek refund. AO, naturally,
will disallow the claim.Then seek appeal before CIT(Appeals) on the strength of
court decisions.
will disallow the claim.Then seek appeal before CIT(Appeals) on the strength of
court decisions.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- GSTR-1A How to update Invoice
- Excess salary payment.
- Stamp Paper for partnership firm change new income tax 2025
- Current Account Opening for Sole Proprietorship with Udyam Certificate - Zero Turnover
- Capital gain from sale of house property
- INTEREST APPLICABLE ON ITC REVERSAL PORTION
- TDS on Purchase of Immovable Property by NRI from NRI
- FORM 26A APPLICABILITY
- Regarding TDS Applicability For Director Remuneration
- Annual return in Gst
- GST Treatment of Insurance Commission for Existing GST Holder
- Cash gift by grand mother to her grand daughter
- Tax amount diff in Gstr1 and 3B in tax compare reports
- Tds on GST in connection with sale to public company
- Restoration of certificate of practice
- Regarding change in correspondence address in SSP portal
- No Compliences after incorporation
- USEFUL LIFE OF USED/SECOND HAND COMMERCIAL VEHICLES
- Claiming TDS deducted by builder on Hardship compensation and Corpus
- Address Change to another state of a Registered Trust with 12AB approval
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
