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regarding EL encashment

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(Querist)
26 August 2008 (i) if the employee get cash for his EL when he resign from the pvt. company, will this amount is taxable

(ii) in case if he wants to take EL before resign............can he take EL or not........what he can do if the company refuse to give EL.........is there if any provision that he can go for court on this behalf ..........if so in which court.....what is the provision,

thanks in Advance

with regards,

Amrish
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Ranjit Ahluwalia

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Ranjit Ahluwalia (Expert)
26 August 2008 EL Before Resignation will be fully taxable. EL Paid at time of resignation can be claimed as exempted. See Madras High Court Judgement in CIT Vs R.V.Shahney 159 ITR 160
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Amresh Choudhary

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Amresh Choudhary (Querist)
26 August 2008 thanks for the information.............but please tell me about the second part of my query,

thanks in advance,

Amrish
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CA. Dashrath Maheshwari

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CA. Dashrath Maheshwari (Expert)
26 August 2008 You can approach to labour court for the same...if they do not give the ELs as per your eligibility...

**DM
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Amresh Choudhary

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Amresh Choudhary (Querist)
26 August 2008 thankyou for prompt reply
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