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Tds on ex gratia payment paid by the employer in lieu of termination of services during pregnancy


Dear sir/madam,

I would like to submit that my employer terminated my services during my first trimester pregnancy. However i refused to accept the termination letter and stated that this is an illegal and unlawful act to terminate my services on grounds of 2014 attendance record. Now a settlement offer was proposed wherein they agreed to pay my maternity leave benefits amount for the period of 6 months which I was supposed to avail during my maternity from may 2023. I requested to consider to give additional 06 months salary as no firm will offer me any job at this point.of time which they accepted . Now they have clubbed maternity 6 months salary benefits and 6 months salary as an ex gratia payment and deducted my tds. My gross salary is 50k per month. In the entire 9 years of service I did not fall under taxable slab. And 50k for 12 months 6lac they deducted tds. 1lac

Kindly guide the amount apart from 6 months maternity leaves benefit was offered as an ex gratia payment, can return on income claiming a tax refund be filed as the settlement was a capital receipt as neither the terms of employment nor the service rule of the employer Provided for such a payment.

By: EKTA JAGGI



493294
 
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25 Apr

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