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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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Rupesh Jain

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Rupesh Jain (Expert)
06 August 2013 under income tqax act max. limit of exemption of gratuity amount is rs. 10 lacs

and balance amount will add in employee salalry income and taxable as salary.

if tds not deducted by employer then
when employee file return then he have to pay tax.
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