Clarification regarding income tax

As per Income tax act the notice pay amount is not deductible to arrive at net salary; as salary is assessed based on due or receipt basis.

But recently Ahmedabad tribunal passed a judgement in favor of assessee......

EXTRACT FOR YOUR REFERENCE....

" We have heard the ld. Departmental Representative and the perused the material available on record.

We find that during the year under consideration the assessee served with Reliance Communication for 39 days for the period 01.04.2009 to 09.05.2009 and received a total salary of Rs.1,64,636/-, out of which Rs.1,10,550/- was recovered as notice pay as per ITA No. 2378/Ahd/2013 Shri Nandinho Rebello vs. DCIT AY : 2010-11 agreement with the employer.

Therefore, the assessee declared salary income of Rs.54,086/- after deducting notice pay of Rs.1,10,550/-. Thereafter, the assessee joined in Sistema Shyam Teleservices Ltd where he served for a period from 18.05.2009 to 24.02.2010 and received a total salary of Rs.13,95,880/- out of which Rs.1,66,194/- was deducted as notice pay as per agreement with employer. Therefore, notice pay of total Rs.2,76,744/- was claimed in the return of income as deduction which was recovered from the salary by assessee's previous employers as mentioned above.

 The Ld. CIT(A) was of the view that no such deduction is available under Section 16 of the Act and the salary income is taxable on due basis or on paid basis.

After considering the facts as quoted above, we find that employers have made deduction from the salary which was paid to the assessee during the year under consideration because of leaving the services as per agreement made by the assessee and the respective employer.

We find that this is a case of recovery of the salary which is already made to the assessee for which we have not to refer Section 16 of the Act as mentioned by the ld. CIT(A). It is pertinent to note that the assessee has actually received the salary from his previous employers after deducting the notice period as per the job agreement with them. Therefore, in our considered view, the actual salary received by the assessee is only taxable

 and therefore, we allow this ground of appeal of the assessee."

 JUDGEMENT ATTACHED...

 

Hi Sir Dhirajlal,

First of all thanks a lot for replying and coming up with a tribunal example from past involving notice pay recovered by Company. I see this all happened in the same financial year. In my case problem is payment was done in previous financial year but recovery made in next financial year.

My organization said, had it been same financial year then they would have subtracted the amount from my Gross income. But because the recovery was done in next financial year, so they are not ready to subtract the amount from my gross in next financial year. Can you confirm if there is some provision to save tax in case financial years are different. Note payment was done in fy 2020-21 and recovery was done in 2021--22

Here the principle remains same, be it same FY or different. No employer will act above the rules or regulation.

As per IT act, the salary paid is taxable, and there is no provision for the deduction for the notice period. At the same time there is no clarification from CBDT on the issue till date. It is left over assessee to fight for his right.

Thanks for your response sir

You are welcome....