• Clarification on Tax on Notice Pay amount

Sir
I have worked with Mahindra & Mahindra April 2019 to June 2019 and shifted to escorts ltd since July 2019. I have paid notice pay to Mahindra for 1.58lac and same I have claimed from escorts they given me in salary under head as notice pay and tax was deducted. Can I claim back in ITR. As I have paid 1.58lac to Mahindra which was notice pay recovery and same escorts reimbursed me but was done in salary and taken under salary in form16. But salary slip mentioned as notice pay. Pls help on clarification.
Asked 4 years ago in Income Tax

There is no direct method of doing that as escort would show it as your income but mahindra won't show it as your expense.

So you have to plan your ITR accordingly.

 

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Thank you

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

- notice pay reimbursement will be taxable under the head salary and tax is payable accordingly. If you have served the full notice period that period salary is taxable. In same manner, reimbursement is taxable.

Vivek Kumar Arora
CA, Delhi
5015 Answers
1136 Consultations

Hi

 

Reimbursement for notice pay shall be taxable in your hands. You wont be able to claim deduction of the same as it would create a mismatch between the income reported in ITR and income reflected in 26AS statement.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Hi

 

It will be taxable under the head of salary.

We can assist in filling.

 

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

Mahindra would have deducted the amount from your salary and net salary would be coming in Form 16 for Mahindra. The amount of TDS deducted by escorts can be claimed in ITR.

Ruchi Goel Anchal
CA, Gurgaon
525 Answers
16 Consultations

Hello,

 

Such reimbursement of notice pay amount would be taxable for you.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Notice pay offten creates dispute if shown Form -16 as salary & you deduct it then there is chance of reopen of casse u/s 147 so practical advice if tax amount is not much then not claim deduction

Nitin Jain
CA, Jaipur
214 Answers

Dear Sir,

Hope you are doing well !!

It will be taxable under the head salary.

You wont be able to claim deduction of the same.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

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