Joining bonus on salary

bhanu vajupeyajula (audit assistant) (32 Points)

03 September 2011  

one of my friend have joined his employment in april 2009 and received a joining bonus of Rs.x, on which the employer has deducted tax @ 20% flat on the amount paid.  As per the employment rules, my friend has to work 2 complete years, to retain the joining bonus.  But in april 2010 he left the employement and paid back the joining bonus to the employer.   He joined a new company.

Now the question is whether, he can reduce the paid back joining bonus from the salary received from 2nd employer for fy 2010-11.

He has still not filed his return of income for FY 2009-10 & FY 2010-11.

or can he claim from salary of 1st employer, fy 2009-10 and file the return with refund of TDS.

Please give your valuable suggestion at the earliest.

regards.