Confused About Tax Rules on Negative Salary After Leaving a Job? Let's Discuss

Benny Thadathil
Hi,

I joined my previous employer in December 2008 and received an amount as a Joining Bonus. This amount was paid to me after deducting the relevant tax. However, I left the organization in May '08, and they recovered the full amount of the Joining bonus as agreed. There was no tax deduction from that company during 2008-2009, and my total taxable earnings for the FY 2008-2009 were a negative amount (Rs. 100,000/-). Now, the previous employer is not ready to issue a Form 16 stating the taxable income is nil, hence cannot issue Form 16.

Could someone clarify whether the statement from the previous employer is correct? Why can I get the tax benefit for the negative taxable salary, which was taxed to me during 2007-2008? What are the income tax rules on the above concern?

Thank you.
HARIPILLAI
Do you have anything in writing regarding the deduction of tax? If they have deducted the tax and deposited it, it is mandatory to issue a TDS certificate. Please check what records you have on hand to prove that they have deducted tax from your salary.
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