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Rama Kanth (IT Profession and LAW Student )     16 May 2017

How to claim tds deducted on my pf withdrawal

Hi All,

   I have recently closed and withdrawn my PF from EPFO department. After the PF amount was creditted to my saving account mentioned in the application of withdrawal I observed a deduction of 10% amount from my total PF Amount.

I have more than 10 years of service when i closed the PF account . When i approached PF dept for the deduction of the amount , PF Dept has intimated me that system has wrongly deducted 10% TDS and they have payed the TDS deducted to IT Department and PF Dept has asked me to get the amount reimbursed from IT Department. As per the EPFO rules NO TDS should be deducted when account is closed if the service is more than 5 Years. 

Now PF department is saying they are helpless and i have to get the same from IT Dept if at all they return else i have to forget the money. What to do now ? please guide me.

Thanks 

Rama kanth



Learning

 11 Replies

Akash Kapoor (Owner at Shramsamadhan India)     17 May 2017

Sir it is simple file your income tax eturn and ask for refund. Now refunds are processed in less then 10 days. So if the deduction was made in FY 2016-17, get your 26AS from income tax website and file ITR. Show the refund.

2 Like

Rama Kanth (IT Profession and LAW Student )     17 May 2017

Thanks you sir 

Kumar Doab (FIN)     17 May 2017

EPFO is right on both: Itax was not applicable. It is error by them.

Have they stated so in writing?

Kumar Doab (FIN)     17 May 2017

LCI expert Mr. Sudhir Kumar posts on PF matters with his deep knowledge and understanding.

If you wish you may get in touch with him or wait for his post in this thread. 

Sudhir Kumar, Advocate (Advocate)     19 May 2017

As far as EPFO is concenred they can only fix the responsibility and take action on erring employees in their office.  But the refund of Income Tax can be applied by you alone.  The procedure for refund exists in PF office ony  for the wrongly remitted tax.

 

In case they have not desposited the deducted tax, they are liable for criminal prosecution u/s 406/409 IPC. But such irregularity is generally not expected in PF office  becasue everyone there is expected to be aware of these provisions of IPC and they apply these provision on employers who deduct PF and do not deposit..

1 Like

Kumar Doab (FIN)     28 May 2017

You can benefit from the advises and act.

1 Like

Rama Kanth (IT Profession and LAW Student )     30 May 2017

Thanks for one and all for your valuable advices..I will checking Form26AS and also with PF official whether they deposited the deductions or not and seek further advice from.you all if required... Thanks Ramakanth

Rama Kanth (IT Profession and LAW Student )     30 May 2017

Thanks one and all for your valuable advices..I will checking Form26AS and also with PF official whether they deposited the deductions or not and seek further advice from.you all if required... Thanks Ramakanth

Kumar Doab (FIN)     31 May 2017

You are welcome.

Kumar Doab (FIN)     27 June 2017

As already suggested and appreciated by you, you may show all docs, agreement signed by you, communications, evidences on record to a very able local senior counsel specializing in labor/service matters for a considered opinion.

Labor/Service matters is altogether different filed of law and at each location there are a few counsels that specialize in it and they are very well known.

Usually such matters are referred to them by any counsel worth his/her salt.

Lawyers handling civil matters usually do not meddle in Labor/Service matters.

Inquire locally for such counsels and you will have a list of all such few counsels at your location.

Chose carefully, a counsel that suits you.

Use the inputs received by you in this thread in your future endeavors.

Online discussions have its own limitations and are not substitute for considered opinion and consultation with due examination of relevant docs and inputs in person with a counsel specializing in respective field of .

 

There are endless numbers of threads at LCI also by unsuspecting querists that have been fleeced by posers posing as expert lawyers.

 The discussions at LCI are FREE and should not be exploited as a medium to allure unsuspecting querists to pay a FEE in the name of so called consultation……………

Prakash KJ   23 January 2019

Dear Rama Kanth,

Recently I got my EPF claim with 10% deduction inspite of my amount is more than 50K and more than 5 years service. When I checked up with EPF office they says it happened by error. Can you help me how to get back this 10% TDS deducted by EPF please.

Thanks

Prakash KJ


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