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treatment of salary due & taxed but not received later on!!

Neha (Article) (118 Points)

20 January 2010

hello friends...

if an assessee has filed his return based on income from salary on due basis & salary of march have become due(and hence considered in IT return ) but not received later on as the employer becomes insolvent....how will it be treated /??

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6 Replies

Nirav (Tax preparer) (74 Points)
Replied 21 January 2010

Salary is due. So it has to be taxed whether recieved or not recieved in future. Salary not recieved by employee from his employer because of insolvency will not affect tax treatment.

CA.G.Muguntha Narayanan (Internal Auditor at TVS Motors) (2195 Points)
Replied 21 January 2010

hi neha,

salary becomes taxable on due or receipt basis whichever is earlier. during march, employer-employee relationship existed. hence it is taxable

S. KARMAKAR (Senior Accounts Officer) (30 Points)
Replied 02 February 2010

I shall be grateful if anybody clarify how an employee will pay tax if his employer do not draw the employee's salary for months together say for 3 or more month due to any reason say due to some spell of unauthprised leave etc. Is the said employee is liable to pay tax based on calculation of 12 months salaries although he is not in receipt of 3 or 4 months salaries? Where from he will pay such additional Income Tax for salary not drawn by his employer? --S.KARMAKAR, KOLKATA

Rachit (Analyst) (913 Points)
Replied 02 February 2010

Mr. Karmakar,

Your query is not very clear. Kindly elaborate

Factually, Tax is required to be paid on the amount of salary shown in Form 16 issued by the employer, whether it is actually received or not.

So in your case if the employee has taken leave without pay for a period of 3 months it will surely not be depicted in Form 16 and therefore the same will not be considered for taxability.

CA.SKR (CA; CS-Final (One Group); DISA (ICAI); Insolvency Professional) (442 Points)
Replied 02 February 2010

Originally posted by : S. KARMAKAR
	I shall be grateful if anybody clarify how an employee will pay tax if his employer do not draw the employee's salary for months together say for 3 or more month due to any reason say due to some spell of unauthprised leave etc. Is the said employee is liable to pay tax based on calculation of 12 months salaries although he is not in receipt of 3 or 4 months salaries? Where from he will pay such additional Income Tax for salary not drawn by his employer? --S.KARMAKAR, KOLKATA

If salary has become due, only then it will be taxable. Salary received or not received will not make any difference in tax computation. Whatever salary has become due is to be disclosed by employer in Form - 16.

CA Mohit Garg (CS Student) (213 Points)
Replied 20 September 2012

Now, my que is if employee leave the job at the end of the month. Means he work for a month. And if he continue his job he will receive his salary . Now, when he leave his job, his employer forfeit hs salary. What an employee will do when he is filling his returm. His income is below taxable limit. he has not received form 16.

Whether include salary of particular month in his assessable or not.

Pls reply