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Prem Dinkar (none)     19 October 2012

Employmment bond and taxation

Dear all,

 

I have worked at a firm in Gurgaon for 40 days, and drawn two months' salary. I eneterd upon an employment agreement (on plain paper without any surety) with the firm on joining. It entailed 2 lakh worth bond and 3 months' notice period. Since I breached both, I have been served with a notice on my e-mail stating that i need to clear my liability worth around Rs. 3 lakh. 

Now, I left the workplace because it was totally dull, boring and I was later instructed to work in night shifts. This was too much for me and I had a desire for joining civil services, thus I ran away from the job. Initially I told the employers that I was ill and would return in a month, and upon expiry of that period I sent them an e-mail stating that I am not coming back. Within a week I've been served with a notice.

Quite clearly I don't need the employment certificate etc. as it is hardly worth it with less than  2 months work. Now, if all goes well, as I'm sure it will, I'll join the civil services in 2014. Then, I shall have to mention if I had any previous employment or not. Obviously I'll say no but my doubt is whether, when I submit my PAN Card number to the government, they shall have the earlier details in their IT Database(as this employer has also sent me a tax liability of Rs. 2800 based on the 68000 I have drawn till date - is this legal- am I taxable for such a small amount). Also, the extra days salary that they paid to me (amounting to Rs. 17000 - extra days because they have now proportionally reduced the holidays I'm entitled to annually to the 2 months period i worked) - will it subject me to A CRIMINAL CASE? 

Can i simply lie low and avoid it. I need to be sure because If i prepare hard and get inyo the civil services and am debarred because of a negative background check, i'll be devastated.

Please address my doubts.

Best Regards

 



Learning

 1 Replies

CA. Sanket (CS)     23 October 2012

Dear Prem,

First of all you are not required to pay Income Tax to the company but to government that to by way of a challan. However, you need to check whether company has deducted TDS on your salary.?

Secondly, since the bond was not executed on stamp paper iot do not have a legal status & notice for any kind of criminal proceedings can not be sent through E-Mail.

So I suggest to please keep low & prepare for Civil Services.

All the Best!!!!


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