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Tax reimbursement issue with current organizationTax reimbursement issue with current organization

Labor »Posted 16 May 2019

legal question Dear Team, I'm currently working with an MNC for last 4 yrs and 10 months. Here my current employer has deposited X Inr stating this amount is paid as retention bonus to retain me with the organization for a period of 18 months (please note there is no discussion nor any document that I have agreed and signed in order to accept the money). It was desposited along with salary and relevant communication was given to me about this clause (note again:. For the X sum, there was a Y amount being deducted as income tax). Now I have completed almost 15+ months and unfortunately I have to resign the organization before 18 months thereby I have been asked to pay complete X amount to be paid back (irrespective of tax deduction & further checking with my friends who are practicing CA, they told me tax cannot be claimed back as this X amt is paid as perks to me - not sure how this works also. Please correct here also if this is not correct). I would like to take a legal opinion if this has to be paid complete X amt? And can the tax be claimed back?

legal answer from lawyer E00297292Guess the amount of tax deducted and paid to the government cannot be refunded but you will get the credit how the tax deducted and deposited in your account and the same different if your income supports can be claimed by the filing of the income tax return now the payment process is very fast and the the amount of refund you can received very quickly so you need not to be worried the only thing is that you have to check the credit of amount deducted and deposited in Income Tax Department should be appearing in as26 please press the like button if you like the answer advocate Vimlesh Mishra High Court Lucknow



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