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Rediff.com  » Getahead » Can ex-employers hold back PF?

Can ex-employers hold back PF?

By RelaxWithTax
September 08, 2006 13:33 IST
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You have a question about shares, PF or even a general tax query.

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If I recieve shares as a gift from my father, will the short term capital gains tax be applicable if I sell them before one year?

- Dinesh

In determining whether a gift received is short or long term, one would need to ascertain the holding period of the original holder (donor).

In the case of shares, if the combined holding period between the donor and the donee is more than 12 months, then such shares would be treated as a long term asset.

Accordingly, in your case, if the combined holding period between you and your father does not exceed 12 months, then any gains arising from the sale would be covered under short term capital gains.

I am working in India. I resigned from a company with notice period. I also applied for PF withdrawal.

Now, they are asking for 2 months notice period amount and then only they will process my PF.

Is it legal to withheld PF if notice period pay is not given?

- Gaurav Vasudeva

Employment conditions and PF regulations are distinct and cannot be merged to suit an employer's requirements. Though the employer can effectively delay the completion of the PF settlement process, they cannot stop it.

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