loss in salary

but dear priya pls explain me that ,if the company has claim the salary of that person as exp. for whole yrs i.e.RS 14,40,000/- but he person has shown only the income of Rs. 12,00,000/- how can we satisfied the AO on this point,

he has said that the company has claim the exp. for whole yrs but the income of other person is shown of only for 10 month .but the form 16 issued by the company show the total salary of Rs. 14,40,000/- only

 pls  send me as frd request. or thanks  bheij raha hu

but it is loss 4 assesee

Sudhir this is not a loss. it is just case of excess deduction of tax. so claim it in return.loss under the head salary can be in only one case. if there is a bond of an employee and employee breach the contract and resign without complying the conditions of the bond, in that case the amount deducted or paid by employee as compensation is loss for him.

Salary income cannot be negative. It is taxable on due or receipt basis whichever is earlier.

Mr. Sudhir the case presented by you is the case of exess deduction of tax and refun can be claimed by an assesee. Further as per your question Form 16 issued by the employer shows total salary as Rs. 144000 in my view it is incorrect and correct form 16 should be issued by the employer in ths regard bcoz Assessing Officer can only be convinced by showing amount of salary mentioned in Form 16.

hi...there is no loss here, its just non receipt of salary for two months, but while filing returns you have to take for 12 months, as it is taxable in due basis also.

TDS refund can be claimed, excess if any.

The excess tax paid can be claimed as refund after computing assesses tax liability. This is not loss from salary. In Company's books the expense already allowed will be disallowed because the salary has not been paid during current FY

agreed with sudeep.......

Dear frnd

as u know salary is taxable on the basis of DUE or  received whichever is earlier.

in your case mr. A's salary has become due..

and hence taxable and i also think he is not eligible fot refund also.

Dear all,

Salary will be taxable for the entire 12 months(on due basis) and as form 16 is issued for the whole year, refund of TDS deducted can be claimed.

Salary income can not be negative.

simple yar............................if he has got salary for only 10 months then he will be taxable for only 10 months of salary.

I f he has rendered services for all the 12 months for the company then company can not liquidate without payment of salary to its employee.

For TDS on salary......Tds is deducted only on payment basis. So if salary has not been paid To TDS deduct ka sawal hi nahi hota.