Salary not paid but being shown in form 26AS

Jayesh Saha (Doctor) (23 Points)

18 November 2020  

I joined a new company in September 2019. As per my joining rules, I had to forego 1 month salary If I resigned from the company without serving a mandatory notice period of 1 month. Since I did not serve any notice period, the company did not pay me 1 month salary. However, in my 26AS form, I can see that the company has filed an income tax return against the salary not paid to me also. That is, the total gross income recieved from the company by me INCLUDES that 1 month salary that was not paid to me. So now I have to pay taxes on extra 1 month salary that I am never going to receive. I wanted to ask, is this OK? Are companies allowed to do that? If not, what is the legal recourse I can take?