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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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DKTAZILANOM9909   08 March 2014 at 19:51

Incomtax relief under sec 89(1)

Dear Sir,

We are the employees of a PSU. In 2010 October we got salary arrear from 2007due to our wage revision. We have applied for income tax benefit under sec 89(1) of the Income Tax Act for 07-08, 08-09 & 09-10 financial years and got the tax benefit under the above section. In 2013 we got another arrear from 2008 due to our facility part wage settlement and again applied for income tax benefit under sec 89(1) of the Income Tax Act for 08-09, 09-10, 10-11, 11-12 & 12-13. But this time our employer didn’t want to give the tax benefit under the above section.

[Section 89(1) authorizes grant of relief in a case where an employee receives salary in arrears or in advance or has received in any financial year salary for more than twelve months, a payment which under the provisions of section 17(3)(ii) is a profit in lieu of salary. The effect of such increase is that the income will be assessed at a higher rate than it otherwise would have been assessed and it is for this reason that section 89(1) authorizes relief to be allowed. The relief is to be allowed in terms of rule 21A of the Income-tax Rules, 1962.]

My query is that can we force our employer to give the tax benefit under the above section?


regards.

Swapan

Deepjot Singh   08 March 2014 at 18:01

I want to change my name

My name is deepjot singh. I got your mail id from lawyers club india .actually I have changed my name from Deepak to deepjot. In my all documents my name has changed its Deepjot Singh. But in my educational documents its Deepak. Now I want to go abroad So problem is that I want to apply passport with the name DEEPJOT SINGH. Is it possible and will it create any problem if I apply for E PASS (employment pass) In abroad now I want to know that can its necessary to change name in certificate also? Or its possible ? sir I am very upset so kindly tell me whole process. I will be highly thankful to you for this act

subodh ahire   08 March 2014 at 10:23

how to challenge termination

Dear sir,
My company terminate me as I shown disinterest in extra working, intact rather forceful termination, or accepting my resignation they terminate me immediately without any notice, as well demanding . Please help me urgently on

lakshman   08 March 2014 at 08:38

Salary details of govt. firm under rti?

HOW TO GET SALARY DRAWN PARTICULARS (PART TIME TUTOR)OF A PERSON FROM GOVT.SECTOR FOR 2009 TO 2011 UNDER RTI? HOW FAR IT IS A LEGALLY VALID DOCUMENT ,IN THE COURT ? WHAT DETAILS IT SHOULD CONSISTS OF TO PROVE THAT THE PERSON IS ONE AND SAME, SO THAT THEY MAY NOT EASILY ESCAPE THAT IT IS NOT ME?

vicky arora   07 March 2014 at 15:48

Re:-contract labour act query

Case no. A.
Suppose, a company name xyz private ltd. (principal employer) entered into a service agreement with bcd private ltd.(contractor). In which bcd private ltd. is appointed as contractor for providing the following services (for e.g. supply of staff who will work as cook, office boy, peon and security guard at principal employer’s offices which are located at Haryana, Delhi, Noida, Ahmedabad & Bangalore). Total no. of staff is 53 who will work at principal employer’s offices (ie. Haryana branch office -35 employees, Delhi registered office -5 employees, Noida’s branch office -8 employees, Ahmedabad branch office- 3 employees & Bangalore branch office – 2 employees). Total no. of staff working with bcd private ltd. is 456. The principal employer & contractor are registered under “The Contract Labour (Regulation & Abolition) Act”, PF & ESIC and Shop & Establishment Act. The principal employer has a registered office at Delhi. The Contractor has a registered office at Gurgaon, Haryana.
Q.1. Whether contractor is liable to follow Minimum wage notification issued by Haryana State Government where it has registered office or Minimum wage notification issued by Haryana, Delhi, UP, Gujarat & Karnataka State Governments respectively where the principal employer has registered office and branch offices? (Moreover, contractor is registered under PF & ESIC have centralized registration no.).
Q2. Whether contractor is liable to maintain centralized or employer branch-wise- register of deductions, fines, advances, overtime & workmen etc.?

Case no. B (ref. to above case)
Xyz private ltd. (principal employer) is entered into another service agreement with def private ltd. (contractor). In which def private ltd. is appointed as contractor for providing the following service (for e.g. supply of staff who will work as security guard at principal employer’s office which is located at Delhi. Total no. of staff is 3 who will work at principal employer’s office (i.e. Delhi’s office). Total no. of staff working with def private ltd. is 44. The principal employer is registered under “The Contract Labour (Regulation & Abolition) Act”, PF & ESIC and Shop & Establishment Act. The contactor is registered under PF & ESIC. The principal employer & Contractor have a registered office at Delhi.
Q.1. Whether contractor is liable to follow Minimum wage notification issued by Delhi State Government where it has registered office even if employees are deployed at principal office is / are less than 20?
Q2. Whether contractor is liable to registered under The Contract Labour (Regulation & Abolition) Act & Shop & Establishment Act even if no. of employee deployed at principal office is less than 20?
Q3. Whether contractor is liable to maintain register of deductions, fines, advances, overtime & workmen etc. or not?

lakshman   06 March 2014 at 23:01

Is it legal to do two jobs at a time in india?

my 498a wife , is a government employ who has worked as part time tutor in an another government firm.is it legal to do two jobs at a time? what are the legal steps can be taken? is there any service rules for this in andhra pradesh.

jyoti   06 March 2014 at 21:50

Charge sheet

An official of SBI was suspended pending commencement of disciplinary proceeding. He was instructed not to leave HQ and prior permission should be obtained from the Bank.

There was an incentive programme for visiting Malaysia by SBIMF. He had got selected and the tour programme was approved by the Chairman of the Bank.SBI Mutual Fund arranged for VISA and he proceeded to Malaysia for a 4 day programme alongwith 140 officials

Bank has now chargesheeted him for not taking prior permission. Incidentally, the other officials serving the Bank and who had visited alongwith him has not sought such permission.

kamaraj   06 March 2014 at 21:23

Junior in service and junior in cadre getting more pay

sir, I was appointed as B T asst in a tamil nadu aided school in 21-09-1992. I got two incentive and selection grade.In 12-3-2004 i got promotion as p g asst.My pay is very less than my junior ,appointed in 20-10-1992 as B T asst. He got two incentive recently and spl grade. The headmaster says that I cat not compare the salary of my junior because we are in differnt post (.He is junior in cadre and junior in service.) please kindly help me

lakshman   06 March 2014 at 15:36

Revoke from suspension under 498a

i am ap state govt.employ in education department. i have been imprisoned under 498a for more than 48 hrs.i got bail after a week and joined my duty.after one month police have sent my remand report to D.E.O.who in return suspended me from the date of my imprisonment until all termination of all proceedings relating to the criminal charges. what can i do now to revoke my suspension? plz advice

Danish Siddiqui   05 March 2014 at 15:00

Company not issuing relieving letter

Hi,

I was working with a company and had been to USA for training & learning the process for one month. Company has made me sign a bond for that. The bond terms and conditions were either I serve in the organisation for two years or pay three lac rupees as compensation back to the company.

Also, While working with the company I have worked much longer hours due to business requirement I have worked 15-16 hours per day for month on month and even on weekends also to stabilize the project whereas the appointment letter have only stated 9 hours a day 5 days a week. I have not got any overtime for that project.

I have left the company after 1.3 years for better career prospects with out any notice period now the company is not issuing me the relieving letter as I have not paid the bond amount and asking a certain amount (includes bond amount) to give my relieving letter.

I am ready to pay the notice period amount, and not the bond amount as I feel I have served much longer hours than required in the company.

Could you please help me what legal options are available with me? Whether company can deny issuing me the Relieving letter ? What will the process to file a case against the company? How much it will cost ? Appreciate if anyone can reply to my above doubts so that I can go ahead with the legal option