Notice period recovery amount

My issues something similar to https://www.financialexpress.com/money/now-you-dont-need-to-pay-income-tax-on-notice-period-pay-cut/644193/

I had left my company 1 and joined company 2. Company did a final settlement where tax is calculated on the salary pending for me. The tax was calculated against the entire "pending salary". However, while calculating net salary company deducted an amount under the heading "Notice Pay Recovery". This means tax on my salary is calculated without deduction of heading "Notice Pay Recovery". As per company there is no such heading/provision in the income tax

I would like to know if i can claim income tax refund. If yes, then how this can be done online

 

Replies (3)
Salary is taxable on due basis. There is no specific provision under the Act under which a deduction can be claimed for such notice pay recovery.
You have consider Form 16 alongwith annexure as Salary Income (without considering notice pay recovery)

Thanks... Were you able to check on the link https://www.financialexpress.com/money/now-you-dont-need-to-pay-income-tax-on-notice-period-pay-cut/644193/  It seems ITAT Ahmedabad had a different observation...

There is one more ITAT decision which is unfavor able to assessee
If salary &TDS are not as per Form 16 and 26AS then surely notice from Itax. In the absence of specific provision , it won't be allowed in normal course.

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