Delayed salaries of fy 2016-17 to fy 2017-18 - much higher tds - possibility of refund in fy 2017-18

TDS 167 views 1 replies

Kindly advise whether the following sequence is correct. Thanks much in advance.

I worked in an Higher Education organization from March 2016 to April 2017. I left in April 2017 due to very delayed payment of Salaries. Between April 2016 and March 2017 I was paid by Transfer Deposit into my Bank Account only 46.68% of Salary. After my resignation and waiting there over next 4 months (between April and Aug 2017) I was paid by Transfer or by Official Checks issued by Organization the remaining Salary of 53.32% for April 2016 to March 2017.  But the Organization issued my Form 16 for FY 2016-17/AY 2017-18 showing 100% of Salary as having been paid only in 2016-17. Based on that Form 16 I filed my Tax Return online in Aug 2017 before Filing Deadline and recd a very small refund from Income Tax Dept online. For FY 2017-18/AY 2018-19 that Organization did not issue me any Form 16 although a majority of my Earnings for FY 2016-17 were recd in FY 2017-18. 

I learnt later about Form 10E and its Procedure and filed Form 10E by Aug 31, 2018 and received a Transaction ID. Immediately afterward I also filed a Revised Return under Sec 139(5) for FY 2016-17/AY2017-18 along with my Original Return for FY 2017-18/AY 2018-19. I am not employed since April 2017 and hence claimed refund for AY 2016-7/TY 2017-18 based on the Form 10E by bifurcating acual amount recd in FY 2016-17 and FY 2017-18 for Salary of FY 2016-17. 

In the Original Filing Return for FY 2017-18/AY 2018-19 I had not yet shown the bifurcated amount of my salary earnings from FY 2016-17 received in FY 2017-18. I just  sent the Acknowledgments to CPC for both Revised Return of FY 2016-17/AY 2017-18 and Original Return for FY 2017-18/AY 2018-19 as I filed both before the deadline August 31, 2018 for FY 2017-18.

Query 1. I  also prepared my Revised Return for FY 2017-18/AY 2018-19 based on amount received in FY 2017-18 of the Salary earned in FY 2016-17. and uploaded it online to IT Dept.  Should I send Acknowlwdgment for Revised Return for FY 2017-18 right away? or Should I wait for Revised return for FY2016-17/AY 2017-18 to be processed and accepted favourably as per Form 10E submitted successfully on Aug 31, 2018.   I am afraid I would be liable for a second time for TDS in FY 2017-18 for 52% salary amount of FY 2016-17 received again if my Revised Return for FY 2016-17 is not accepted. Pl note I already paid entire tax as TDS in FY 2016-17 although I recd 52% of that salary for FY 2016-17 in FY 2017-18.

The Organizations should have given my Form16 for 2016-17 and 2017-18 with respective amounts. But they did not. As a result I paid much more tax. Form 10E seemed to provide this Relief to tax payer.

Can you pl advise me?

Replies (1)

If arrear salary of previous years  is received then tax liablity will be higher because assessee should have get the benefits of exemption limit in previous years if he would have received salay in previous years, therefore law has provided relief to such tax payer under section 89.

CA Umesh Kumar- 9717597230


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