Rejoin of employee in same year in which resigned

This query is : Resolved

rajesh (Querist)
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12 January 2015 Dear Experts,

I have some query related to salary taxation and need your valuable expert advice,

If any person resigned on 31 Aug 2014 and his full and final has processed in books of account,

On 01 Oct 14 he again join the same orgnaisation in the same Financial Year.

Queries :

1 : Can we consider him as new employee ?

2 : Can we mentioned salary paid to him for the period 01.04.14 to 31.08.14 as income from previous employer for computation of tds on salary ?.

3 : Leave encashment and gratuity paid on resignation considered as retirement benifit hence exemption us 10 (10AA) and 10 910)was given at the time of tax calculation for the period of 01.04.14 to 31.08.14,
Now employee rejoin the same orgnaisation in the same financial year,
Is the exemption given to him allowable under income tax act 1961 ?

Pls give your opinion,

Thanx

Rajesh

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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12 January 2015 1. Consider him as new employee.
2. Treat him as employee of the co. for that period also.
3. As he actually resigned and rejoined the benefits already given to him is exempted.

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