Excess managerial remuneration, previously taxed but later...

Excess managerial remuneration, previously taxed but later finally determined and actually recovered by the employer, may be adjusted against salary income in the year of recovery. The adjustment operates under section 15 as recognition of remuneration the employee was not entitled to retain, rather than as a deduction of expenditure under section 16. Annuality of assessment does not prevent recognition of the distinct subsequent recovery where its genuineness and repayment are undisputed. The original year's salary assessment and tax deduction remain undisturbed.