If an employee worked in an pvt co for 2years and if he is eligible for gratuity as per company rule.he resigned and received that gratuity. he joined another organisation. Casei:Is tds deductible by employer ?
Case ii:whats the treatment of gratuity, if TDS is deducted by employer in employee hand?
case iii: If tds is not deducted by first employer and tax not paid by employee, second employer can deduct on whole gratuity after his resignation?
As per the statue the Gratuity is payable to the employees as stated below: - on completion of 5yrs of continuous service - or on death of the employee which occurs earlier
In case of death the 5 yrs continuous service is not necessary.
The gratuity amount does not attract Income Tax
Replying to your query the employees is not eligible to get gratuity as a right bcos he has not completed 5 yrs of continuous service in that institution.
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