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Can i claim refund of TDS on recovery of negative leave


kedar (test)     21 September 2019

kedar
test 
 25 points

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I resigned from a private organisation in FY 17-18.

Total leave balance while leaving company was -60days of which previous employer waived off 50%.

Total recoverable amount towards leave balance recovery was 179200/- of which 89600/- was recovered from Full & Final settlement in FY 17-18.

As per my understanding recovery of 89,600/- is against excess salary paid to employee during his/her tenure at company.

TDS was deducted on this total amount of 1,79,200/-  as and when excess salary was paid to me and now 89,,600/ have been recovered.

Can I claim refund of TDS on recovery of 89,600/- done towards negative leave balance as I have already paid taxed on this amount in FY 17-18.

Can someone help me on process to claim refund of this excess TDS.

 

 

avater

CA. Umesh kumar (ca.umesh11@gmail.com)     21 September 2019

CA. Umesh kumar
ca.umesh11@gmail.com 
 80 likes  1224 points

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Have you got TDS credit if tds deducted in fy 2017-18?

avater

kedar (test)     21 September 2019

kedar
test 
 25 points

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No I have not got TDS credit in FY 2017-18.

avater

Kapadia Pravin   21 September 2019

Kapadia Pravin

 915 likes  14283 points

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You discuss the whole issue with your employer. Just you are writing as per your understanding and actual you are also not certain.

TDS you will be claim only as per 26AS which is based on salary return filed by your employer.

avater

himanshu garg (none)     24 September 2019

himanshu garg
none 
 38 points

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Yes you can claim refund as per recent court judgement

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kedar (test)     25 September 2019

kedar
test 
 25 points

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Can you point me to court judgement?

Is there any circular from Income Tax department that refers to recovery of excess salary and TDS applicability for same.

 

 

avater

Suresh Thiyagarajan (Student)     25 September 2019

Suresh Thiyagarajan
Student 
 250 likes  3951 points

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1. If it is shown as a part of your salary in form 16 then claiming TDS is not possible. Since salary have no concept such as salary returned. 
2. If you are not even in the receipt of such salary then claiming of TDS is possible. If you are not in receipt of this Rs.89600 amount the same can be rectified by approaching the concerned AO and point out your claim clearly. 
Please correct me if the above solution has an alternative view. 


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