Tds on recovery of excess salary paid last year

Dear All,

I seek your expert opinion on the following ticklish issue that I am facing currently:

Facts : An employee was paid excess salary  (of Rs. 2,00,000 ) than what he is entitled    during the FY 2011-12.

He come under 30% slab for TDS purposes

The error is noticed and recovery process is initiated.

Question : If I recover the entire 2 lacs in two instanlments in the next two months through his salary (being processed by a Payroll processing vendor) can this recovery amount be adjusted against his current income of the year and tax the balance income for TDS purposes u/s 192?

 Your quick opinion (with a refernce to the relevant sections/ rules/ circulars/ case laws if any ) on this would help me to resolve the issue quickly.

Thanks & Regards,

 

Replies (1)

Hi

Excess amt .paid (net of TDS) has to be shown as advance salary payment..

TDS on salary has to be paid on accrual or payment whichever is earlier hence no need to adjust in TDS return prima facie.. 

While processing current month salary  net amount should be recoved as Advance .

 

Other option will be undoing that transaction in books all together & excess paid Rs. 200000 to be shown as advance which will make you to answer many questions of Management & Auditors.
 
Rgds//Vaibhav
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