Hypothetical tax query

kckinn (CA) (759 Points)

14 May 2012  

Please consider the following hypothetical situation :

 

Mr X is employed with PQR Pvt Ltd. 

 

PQR Pvt Ltd offers its employee Mr X (verbal offer, no written documents) Rs. 8-10 L  grant for purchasing a house (by grant I mean, the money is not to be refunded back) in exchange for the condition that Mr X remains associated with the Company as an employee for the next 3-4 years.(I will mention again to writeen agreement in this regard)

 

4 months later Mr X finds a House he is interested in buying. Accordingly he speaks to the concerned person in the Company and gets a cheque of Rs.2.5 L from the Company and deposits it in his Bank A/c. He also issues a cheque to the builder for the same amount as registration amount.. (Still no agreement/contract signed between PQR Pvt Ltd and Mr X). This amount of Rs.2.5 L has been offered to taxation and appropriate TDS deducted on it for the FY 31-3-2012.

 

However, 8 months later on 1/11/2012  (after ITR for FY 2011-12 has been filed)  Mr X has a change of mind. He finds more attractive employment opportunities and is considering leaving the PQR Pvt Ltd. 

 

Mr X is willing and wants to return the sum of Rs.2.5 L received by him from the Company in case the Company asks for the same. 

 

Lets assume on 1/11/12 he leaves PQR Pvt Ltd and returns 2.5 L to the Company.

 

Now coming to the question :

The sum of Rs.2.5 L has been offered to taxation and tax has been paid on it, ITR filed. Later on the sum has been paid back to the employer.

 

Can Mr X get back the tax paid on the sum of Rs.2.5 L , If so, how ?