Notice period salary eligible for deduction?

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Dear Friends,

 

I have doubt in calculation of salary income, here I try to explaining with example, please suggest to me for what is the correct method, X is worked in ABC Pvt Ltd for 3 months and he got another better opportunity in XYZ Ltd, he want to leave from ABC Pvt Ltd, he is not fulfilling the HR rules, that’s reason he want pay notice period salary to ABC Pvt Ltd Rs. 50,000 (one month salary), he is paid and joined in XYZ Ltd, Here problem is he can eligible for take deduction of notice period salary from his salary income? (Exp. His salary income from ABC Pvt Ltd is 1,50,000 and he return paid to company Rs. 50,000) How can I calculate his salary income for issuing of Form No.16? Am so confusion in this matter, please provide your advice to kmoindn @ gmail.com

 

Thanks friend
Replies (5)
It is necessary to exactly know the wordings of he terms of employment to answer this query.
Ask for the Form 16 from old employer. u take that into accpont.
First of all ask Mr.X to produce the Form 16 from ABC Pvt Ltd for the three months period. In that ABC Pvt Ltd. Can mention only 1 Lac as his salary income as that is what they have ultimately paid to X for three months (1.50L-.50L). You need to include the said 50K as his salary income from XYZ Ltd., as he is paid 50K in addition to his regular salary. It is ultimately like that, his one month salary of ABC Pvt Ltd is XYZ Ltd.
It is term of employment is permanent and X (employee) is amount paid to ABC Pvt Ltd for final settlement cum reliving from duties
What I meant was whether the terms of employment provides for deduction of notice pay. If it does, then the amount returned in lieu of notice can be deducted from the salary. If not, it can not be.


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