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

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Sanjay Murarka   23 December 2012 at 00:15

Perks like free accomodation, electricity charges, etc. not taxed

There is a company ABC which has employees on its payroll.
This company, through cross-holdings and other other means, is related to company XYZ.

1)The company XYZ gives free accommodation, bears society maintenance charges and electricity charges for the employees of company ABC.
2)Since ABC is not directly providing the perks, the employees are in fact enjoying them tax-free as the perks are not even reflecting in the Salary Certificates of the employees.
3)If perks are offered in such indirect manner, are they allowed tax-free?
4)If these perks are taxable, who is responsible to deduct/pay the taxes on the perks, the company ABC or the employees enjoying the perks?
5)Or, is this a normal practice of Indian companies?

rajesh kumar verma   21 December 2012 at 19:55

In concern of salary due but not paid

Dear sir,
My self pradeep verma i have been working in a company from last 1 months and 15 days. i am on payroll(on role) my role is deputy sales manager my worked was started from 1st of Nov. 2012 to current. i was attend regular office and meetings and when i was eligible for salary on 5.12.2012 but the companies director said that you are not eligible for salary because you could not achieve your target. but when i join company i had received joining latter but there is no t mentioned that my salary will depend on my targets. and company said we gave you target in your month end because to hold salary. (plz. suggest in this situation what can i do in my favor plz reply as soon as possible my mob. no. 08518993714)

lovneet   21 December 2012 at 12:46

Labour law

can u provide these authorities because i m unable to get these here? plz provide me following citation
2011(2) AICJ 160
2011(2) AICJ 353

I shall be thankful

regards,
Lovneet Bindlish
Advocate

viresh mishra   20 December 2012 at 12:36

About technical resignation in central govt. service

Sir,
At present i working under central govt. office and i got another job in central govt. also. Should my present service continue to new service to avail benefit of PRAN Card, PVR, Medical Test Certificate, Character Certificate, etc? If yes , kindly reply with reference.

PRASHANT   19 December 2012 at 23:44

Medical claim and job to dead dependent

Dear experts,
I have query plz help me in this..
my Uncle who works in U.P.P.W.D at clerk post..unfortunatelty died on 27/11/12..due to falling on cemented floor and aftr that he was admitted in i.c.u for 3 days but due to brain hemorrahge we lost him.
He worked for 17 yrs in deptt.
His salary was approx 17500.
He had one daughter of 14yrs10 month & wife of 44 yrs

My queries are
1)during his treatment we spent approx Rs.1.25 lac approx...is there any scheme law..or anything to get this expenses from the govt deptt. to family ??

2) whether his child can wait for around 4 yrs to get the job ??

3)what are the aids that will be provided to the family?

4) how much family pension will be given??

5) what are the documens needed to get all the aids?

Please help me

thanks

PRASHANT   19 December 2012 at 17:03

Motor insurance claim

Dear experts,
I have query that ...i ade a insurance of my car with new india insurance company in aug 2011 and renew ed it on time in aug 2012
Now 2-3 days before my car accident happend and right door is damaged.
Now the insurance company is not clering how much they will pay or what i have to pay...and am much confused about IDV of my car ..please clear my confusion..and how the IDV is caluclated..!!
Thanks

Rahul gautam   19 December 2012 at 12:24

Transfer from north east state

Respected Sir,

I am Working in National Informatics Centre(NIC), Department of Electronics and Information Technology that comes under
Ministry of Communications and Information Technology. I have join this department in Nov 2009 and now I have completed three(3) yrs as hard place of posting ( N-E region).
I am intersted for transfer from this place to near my home town. please suggest me what can I do..? Shall I will be eligible for transfer form N-E states as I have completed 3 three yrs. please suggest me..

Saurabh Kumar Singh   19 December 2012 at 11:23

Epfo circular 30.11.12

Dear Experts,

as per circular dated 30.11.12 the EPFO suggested issued Guidelines for Quasi-judicial proceedings under Section 7A of the Employees'Provident Funds & Miscellaneous Provisions Act 1952.

now they also suggested
SPLITTING OF WAGES - Basic wages by its own definition encompasses all the payments except the specified exclusions. All such allowances which are ordinarily, necessarily and uniformly paid to the employees are to be treated as part of the basic wages. The confusion in definition of wages (and hence the issue of splitting of wages) primarily arises from the expression "commission or any other similar allowance payable to the employee" in Section 2(b) (ii) of the Act as "commission" and "any other similar allowance" are read as two separate expressions and hence "any other allowance" is read as an omnibus exclusion, thereby encouraging the subterfuge of splitting of wages to exclude the PF liabilities. The expression "commission or any other similar allowance payable to the employee" is one continuous term meaning commission or any other "commission" like allowance by whatever nomenclature referred. Thus "basic wages" is subject to exclusions expressly referred to in the above definition and no other.

kindly suggest as a company we have to go with reconstruction to basic wages or not.

All suggest future compliance action to safeguard our interest before EPDO in light of new circular.

Saurabh Kumar Singh   19 December 2012 at 11:16

Pf deduction

Dear Experts,

Plz suggest can we give options to new joinee drawing basic salary over Rs. 6,501 per month have an option to get PF deducted from their salary or not ?

shailesh pandey   18 December 2012 at 14:11

Termination

Dear Sirs,
we are a textile mfrg. co. where 90 permanent workers with internal union is working. some of p.workers are habitual to go on leave for 20-25 days & come after 60-80 days .we are usually sending 3-4 notices them & finally a notice as their name would be struck of from muster roll.

when they return we take as a fresh. whether it is O.K.how many notices we should send them . whether inquiry is to be initiated .
kindly advice
regards
shailesh