Tax Clarification

Hi Shivani,

In my opinion

1. Salary is charged to tax on receipt or on due basis whichever is earlier Sec.15

2. Bonus forms part of salary and same is chargeable  to tax as salary.

3. In your case you have not mentioned wether you received bonus amount on joining back, going by the language ("if I can claim in ITR for 2009-2010 that I was not paid this salary and ask for refund and show this amount paid in 2010-2011 Fiscal Year.") you received once you resumed.

4. Bonus amount became due once the month of March got over just like every other employees (however you did not receive the salary for the month of March 10 as you were on leave without pay) so same was charged to tax on due basis and company completed the formality of deducting the tax and paying it to the goverment, which also get reflected in your Form16.

5. As form 16 becomes the proof that bonus was given to you for FY 2009-10 (as bonus is not for month but for the entire year) also company has deducted the same from its P&L it will be difficult for the company to make changes in its audited accounts and show it as a part of FY 2010-11.

Warm regards.

hi,

You cannot adjust it,different IT returns have to solve the issue IE you don't mix them.FY 2009-10 take the refund ,This have to be in form 16 also.The 2010-11 FY you can pay tax ,If company have not deducted or u can opt to get the tax deducted as per calculation..