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Mahesh Padmanabhan  |124 Answers  |Ask -

Tax Expert - Answered on Jun 06, 2023

Mahesh Padmanabhan has specialised in payroll, personal and corporate taxation for more than two and a half decades, enabling him to provide practical, realistic and correct advice to his clients.
He is a member of The Institute of Chartered Accountants of India and has a degree in cost accounting from the Institute of Cost Accountants of India.
He is also a qualified information systems auditor. ... more
Krishnamurti Question by Krishnamurti on May 27, 2023Hindi
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Sirji I took VRS and in sanction I was a loser by what was described as statutory company rules allowed me retirement based on minimum 90 days letter of notice. It said I had requested for relief on 31st December and Notice period was short to disallow the short notice of less than a month. Sirji I'm not allowed even arguably any scope of lost settlement in settlement order and hence I have a desire to know your reputed comments for advice WhatsApp number SUBRAMANIAM.K

Ans: Hi Mr. Krishnamurti
I have not understood your query as it does not bring out the facts clearly. Regardless, i would state in broad terms how the VRS tax exemption works.

Section 10(10C) of the Income Tax Act and Rule 2BA of the Income Tax Rules define the exemption of amount received on VRS and the conditions to be met. If you meet the criteria as laid down therein then you would be eligible to consider the exemption.

I did not understand your point on min 90 day notice period. Is that applicable to all employees opting for VRS or limited to you? I state this because VRS rules have to be common for all and there cannot be variations to the policy and different implementation to different classes of employees.

I guess you may need to take the full set of documents either to your CA or a lawyer to evaluate if there is any legal flaw in the manner of implementation of the VRS scheme.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Hi sir I could not serve my 3 months notice period however I had served 2 months and asked HR to give me early reliving. I mentioned that my parents are not well and attached medical prescription but they denied and said you to serve complete 3 months. After 2 months I stopped going to office they were sending me absconding mails meanwhile and after 1month they sent me termination letter what shall I do In such case ? I was working there for 2 years.
Ans: I’m sorry to hear about your situation. When facing termination due to not serving the full notice period, it’s important to understand your rights and the potential legal implications. Here’s what you can consider doing:

Review Your Employment Contract: Check the terms regarding the notice period and termination. There might be provisions for situations like medical emergencies.
Legal Consultation: It may be beneficial to consult with a labor law attorney who can provide advice based on the specifics of your case and the applicable laws.
Documentation: Gather all relevant documentation, including the medical prescriptions you submitted, any communication from HR, and the termination letter.
Negotiation: You could attempt to negotiate with your employer, explaining the situation with your parents and seeking a compassionate resolution.
Labor Office: If negotiation fails, you may approach the local labor office or labor court for guidance and to explore options for redressal.
Understand Legal Precedents: Familiarize yourself with any legal precedents that may apply to your case. For instance, the Supreme Court has provided judgments on employment notice periods that might offer insights into your rights and obligations.
Remember, each situation is unique, and the best course of action depends on the specifics of your employment contract and the company’s policies. It’s crucial to handle the matter professionally and legally to ensure the best possible outcome. Good luck!

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Hello sir this is Nishat , I passed my 12th in the year 2023 with a good percentage but however I couldn’t see it for chemistry exam. So obviously I failed in that subject so I decided to again reappear for that exam and in 2024 I gave betterment exam from my state board in the subject biology and chemistry. However I scored far better in biology than last time but (Chemistry) I don’t know maybe it’s it’s because of the issues that we have with our board. I couldn’t score good marks so even I had decided to give (Chemistry) separately and so in 2024. I again set for (Chemistry) exam under nios I and I scored 80 so now the thing is that I’ll be having two mark sheet so while applying in need I cannot possibly select the code 2 because although I already have the state board certificate but the NIOS certificate is not yet out and it will be out by end of the March sir can I possibly select the code one that is appearing or will it create problems while counselling or is there any other option please help me out sir , I’m very desperate like I have prepared for neey for the last two years and I don’t want to put my hard work into vain. Please Sir help me out
Ans: Hello Nishtam
Please select code 1 without any fear. Focus more on your study. But considering your fear and anxiety with the chemistry subject, it is recommended that you choose other options than NEET. This time you appear without any fear.

If you like the reply, please follow me else ask again without hesitation.
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