GST for Salary re payment during Notice period.
1 year ago
Hello, I am serving a notice period of 45 days in my company after 45 days i have to pay rest of the amount to the company but my company is adding GST and other amounts along with my salary is it necessary and is it mandatory to consider the GST after my resignation??
A.GST is not applicable for salary if any GST is charged by your employer which is not correct. i hope you are not an employee of the company may you be a service provider to the company. this you can verify in your appointment order and confirm.
Helpful
Helpful
Share
A.If your company is adding GST and other amounts to your salary during your notice period, it's important to understand the reason for this and whether it's legally required.
In India, GST is a tax levied on the supply of goods and services. It's generally charged by businesses that are registered under the GST Act and are supplying goods or services to their customers. However, it's not clear from your question whether the GST being charged by your company is related to your salary or some other supply of goods or services.
Assuming that the GST being charged by your company is related to your salary, it's important to note that the GST Act does not provide for GST to be charged on salaries. However, if your company is registered under the GST Act and is providing some services or goods to you as part of your employment, then they may charge GST on those services or goods.
Regarding other amounts being charged by your company along with your salary, it's important to understand what these amounts are for. Your employment contract or company policies may provide for certain deductions or penalties that may be applicable during your notice period. However, any such deductions or penalties must be in accordance with the law and the terms of your employment contract.
If you have any doubts about the amounts being deducted or charged by your company during your notice period, you should consult a lawyer who specializes in employment law. The lawyer can advise you on your legal rights and obligations and help you understand whether the deductions or charges being made by your company are lawful.
Thank you
In India, GST is a tax levied on the supply of goods and services. It's generally charged by businesses that are registered under the GST Act and are supplying goods or services to their customers. However, it's not clear from your question whether the GST being charged by your company is related to your salary or some other supply of goods or services.
Assuming that the GST being charged by your company is related to your salary, it's important to note that the GST Act does not provide for GST to be charged on salaries. However, if your company is registered under the GST Act and is providing some services or goods to you as part of your employment, then they may charge GST on those services or goods.
Regarding other amounts being charged by your company along with your salary, it's important to understand what these amounts are for. Your employment contract or company policies may provide for certain deductions or penalties that may be applicable during your notice period. However, any such deductions or penalties must be in accordance with the law and the terms of your employment contract.
If you have any doubts about the amounts being deducted or charged by your company during your notice period, you should consult a lawyer who specializes in employment law. The lawyer can advise you on your legal rights and obligations and help you understand whether the deductions or charges being made by your company are lawful.
Thank you
Helpful
Helpful
Share
A.Dear Sir,
GST cannot be added in such matters better approach the following authority.
=====================================================================
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
=======================================================================
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
GST cannot be added in such matters better approach the following authority.
=====================================================================
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
=======================================================================
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Helpful
Helpful
Share
Read Related Answers
About Tax and legal procedures
Dear Client,
The Legal Requirements for your Online marketplace website for Buyers and sellers are as follows :
1. Every business is required to get registered with the Ministry of Corporate Affair...
GST on society maintenance
Dear Sir,
As per Entry 77 of the GST Exemption Notification, the maintenance charge paid by residents to the Resident Welfare Association (RWA) in a housing society is exempt from GST up to an amount...
Liability for GST-Registration
Dear Sir
Your question pertains to financial and tax payment. You may please contact in auditor, chartered accountant or GST Consultant.
SUMMON FOR SECTION 70 UNDER CGST
Dear Client,
Receiving a summons under Section 70 of the Central Goods and Services Tax (CGST) Act can be a serious matter that requires prompt attention. This indicates that the tax authorities are s...
GST Returns
Dear Client,
If you have been allotted a GSTIN as an e-commerce reseller but have not yet commenced selling products, you may not have any taxable supplies to report. In such cases, filing GST returns...
Read Blogs on Tax-GST
Tax-GST Lawyers
Find Lawyers by Location
