TAX ON NOTICE PERIOD RECOVERY

I have quit my previous organisation as on 25th March 2020 and joined another organisation as on 28th March 2020. My previous organisation recovered an amount of Rs 251000 from me for notice period shortfall and i paid the same amount in the month of April 2020.

My new employer compensated the amount which is charged by previous organisation as negotiated for buyout but income tax has been deducted from me by new employer on paying 251000 i.e approx.72000

As i paid the same amount Rs 2510000 to my previous organisation and this recovered amount is not my earning as per my understanding.  

Am i liable to pay taxes on Rs 251000 or do i have chances to get back the taxes on this amount.

Please suggest.

Replies (3)
Quick Summary
An individual paid a significant amount to their previous employer for a notice period shortfall and subsequently had income tax deducted on the compensation received from their new employer for this amount. The core question is whether this recovered amount is taxable income and if tax can be reclaimed. The advice suggests that since the money was effectively returned and not earned, it should not be taxed. Checking how the old company reported the transaction and adjusting the salary figure in the tax return is recommended.

Since you returned the money, effectively it means you did not get paid that amount. So no income = no tax.

You should check with the old company how they have reported the transaction and what the salary figure is your 26AS.

In your tax return enter the amount after reducing the 251000 as your salary income. 

Since your new employer compensated you , but how they hv computed Rs. 72100 , pls furnish details.

They have deducted 72100 as per my income comes in 30 percent slab approx.  

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