Need honest opinions,Is it worth pursuing this unfair tax law legally?
I'm in an IT company and have been working for around 3.5 years. When I joined my first company, i had a joining bonus of 3 lakh rupees of which I received 2.1lakhs after the TDS. Now this joining bonus came with a clause that I had to return it if I leave the company before 3 years. I did leave the company 2.5 years later due to personal reasons and I returned the 3lakh rupees as per the clause. But now, the 90k that was deducted at source, it's like I'm paying tax for income I didn't even make, mind you I already pay an Income tax of close to 2.5lakhs every year. I've spoken to multiple CAs and consultants and all of them iterate the same thing, the only way to get this back is to make sure that I'm paying back the joining bonus by asking my company to simply cut it off from my pay in the last 2-3 months, thus showing I made no income in those months. But due to the company policy, they said it's simply not possible, as it is not in their hands on how the pay is disbursed. Also, there is no clause to show this as a loss in any article. And to be fair, this does sound like something that the IT Dept should have a provision for. I find this simply too unfair, Income tax on the income which isn't really assured due to the nature of employment, and no way to get it reimbursed. I personally know atleast 5 people who went through the same and are equally helpless. Moreover, 90k is a pretty huge amount for someone supporting their family alone. I'm willing to proceed legally, but need to know if it is even possible and prudent.