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Tds on part gratuity paid in advance before retirement

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(Querist)
06 August 2013 If part of the total gratuity paid in advance to employee before his retirement and it gets due to him,Can the employer deduct the TDS on the amount of part gratuity paid in advance if the total gratuity due is above Rs.10 Lakhs and if TDS is not deducted what is the Liability of employee.
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CA Prashant Gupta

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CA Prashant Gupta (Expert)
06 August 2013 if you are paying gratuity in advance before retirement then it is taxable and TDS must be deducted.it is part of salary
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