Doubt in head 'salary'.. experts please help!!

CA Yogesh (Sr. Executive (F&A)) (213 Points)

31 December 2012  

Dear All,

If any employee has to leave his current employment and there is notice period of 3 months. As per the terms of employment, if he contravenes the notice period then he has to pay salary of 3 months.... Now, as we know the FORM - 16 is given by the Employer, so we cannot override the same since its the only document of proof of Employment for the relevant period.

Now, my doubt is whether the We can claim it as deduction in that year (despite of the fact it being breach of contract).?? Please support the same by valid reason or any court or tribunal decision??

 

Regards,