Thursday, 17 September 2015

ITAT interprets sec. 15 to determine taxable salary when excess salary is refunded by employee

IT : What is taxable under section 15 is "salary due" and not "salary accrued" salary is not taxable on "accrual" under section 15 since section 15 uses the words "salary due". The salary is not to be taxed on the basis of "accrual" since, in it's conscious choice of words, legislature has chosen the taxability on due basis or payment basis – whichever is earlier. The amount which constituted "salary due from an employer" was only the amount net of recovery, which the employer was legally empowe

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