Salary

This query is : Resolved

Sushant Mahajan (Querist)
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01 September 2012 If employer has deducted salary for not giving notice before resigning while paying it to the employee but while calculating TDS in form 16 full salary has been taken , then, can the assessee claim the salary actually received after deducting Notice pay in ITR or he has to take the whole salary as shown on form 16.

CA Sumat Singhal

CA Sumat Singhal (Expert)
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01 September 2012 If salary has been taken while calculating TDS then in my opinion you can take that salary in ITR as TDS has also been deducted and paid by your employer on your behalf.

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K Srinivas, CMA CS

K Srinivas, CMA CS (Expert)
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01 September 2012 He has to take the whole salary as shown in Form 16. This is because the salary has already been earned by the employee and the deduction for not giving notice only amounts to application of salary income.

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CA Jeen paul

CA Jeen paul (Expert)
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01 September 2012 sec 15 taxes salary on due basis, even if itis not received. what CWA srinivas said is correct, since your salary is accrued and the deduction for other reason is an application of income hence fully taxable

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