Notice Period Recovery & Buyout: Do You Pay Tax on Salary You Never Kept?
You left before completing your notice period, and the company recovered two months' salary from your final settlement. Question: do you still pay income tax on salary you effectively never received? And if your new employer reimbursed the buyout — is that taxed too? This is one of the most-asked, least-answered questions in Indian salary taxation, because the honest answer is genuinely messy. Here it is anyway: what's settled, what's disputed, and what you can practically do at each stage. The three scenarios (don't mix them up) Scenario A — you received notice pay. The employer let you go and paid you salary in lieu of notice. Settled law: fully taxable as salary (profits in lieu of salary under Section 17(3)). No exemption. This is the easy one. Scenario B — you paid notice recovery. You resigned, served less than the contracted notice, and the employer deducted the shortfall from your F&F (or you paid it). The question: is your taxable salary the gross ...