Income tax on income not received

ITR Filing 764 views 3 replies

Abhishek Mahawar

Financial Expert

26 Points Posted on 28 July 2009

Dear All,

My employer has not paid me my full salary but he has included the full amount as paid in my Form 16 A. Due to which I have additional tax payable on the income which I haven't received. My employer has no intention of paying the remaining salary.

Please advise me on how can I present this in my income tax return and avoid unfair additional tax. Please also advise me on what can I do against the employer. Thank You.

Replies (3)

Ritesh

CA Final

326 Points Posted on 28 July 2009

Mr. Abhishek

If he is issuing you Form 16A, then it must not be Salary Income but i believe, he is paying you Professional receipts or he must be treating it as Professional receipts. Is it so? Because for Salary Income, it is Form 16, not Form 16A.

Aditya Maheshwari

CA in Practice

35867 Points Posted on 28 July 2009

Dear Abhishek,

There are various deductions from salary also. If you have bymistakely typed Form no. 16A in stead of Form no. 16. The amount must have been paid to you during the year by your employer or must have been paid by now. If you have received Form No. 16A then the company had paid you professional fees and not salary.

Abhishek Mahawar

Financial Expert

26 Points Posted on 28 July 2009

Dear Aditya,

I am sorry. It was form 16 I have received. The employer has refused to pay the remaining amount which is due. However, he has put the full salary amount in my form 16. Now, as per the form 16, I am supposed to pay tax on the salary which is not paid to me.

I require your advice on how can I reflect the unpaid salary in my IT returns. Secondly, what steps can I take to claim my salary.