Anonymous
Hi,
I am working in a school funded by Noida Authority (Government of Uttar Pradesh) from July 2011 as a teacher on contractual basis by the education society under which the school is running. It was mentioned in Appointment letter that the appointment can be regularised/Extended/Terminated after completion of each academic year and they keep on extending the contract till now without regularising anyone.
Let me tell you that the organisation was started in 2010 and in 2011, my joining year they have more than 20 employees but they started deduction of EPF from year 2014 after a gap of 3 years from my employment.
As I had resigned in June 2018 from the same organization, My questions are:
(Question 1)
If I withdraw my EPF amount, 10% TDS will be deducted as the deduction is done for less than 5 years by the employer. Can I get the TDS back in any circumstance...? Can I claim the EPF for year 2011 to year 2014 from the employer...?
(Question 2)
As I am working on yearly extending contract from last 7 years, Am I eligible for getting 'Gratuity' from the employer...?
Thanks in advance.

From India, Delhi
nathrao
3092

Getting back TDS amount depends on your total income year wise.
Were you paying tax?
The year you received PF amount.what was your total income?
If there was NO break in service for 5 continuous years, you are entitled for Gratuity.

From India, Pune
Anonymous
Yes I am paying tax and total income was about 5.5 lacks excluding all deductions.
From India, Delhi
nathrao
3092

You will have to work out total income from all sources-salary,SB interest/FD etc and EPF payment received reduce Sec 80C amount like PF,Insurance etc and work out how much tax have to pay v/s paid and then see whether you are due for refund or not
From India, Pune

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