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Advocate V K Gupta

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Advocate V K Gupta

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Advocate V K Gupta

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Advocate V K Gupta

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Advocate V K Gupta

Tuesday, January 18, 2022

The Bihar Professional Tax (Amendment) Rules, 2021

 

The Bihar Professional Tax (Amendment) Rules, 2021

The Government of Bihar vide notification no. S.O. 68, has amended provisions towards registration and enrolment under The Bihar Professional Tax Rules, 2011. As per the amendment, (1) The employer or assessee shall electronically submit application within a period of fifteen days of any change in the name of employer or deductor or date of liability, (2) The employer shall apply for fresh registration if change pertains to the change in Permanent Account Number, or the name as per such Permanent Account Number, Tax Deduction and Collection Account Number, or the name as per such Tax Deduction and Collection Account Number, jurisdiction of the circle, name and style, Goods and Services Tax Identification Number, (3) The employer or tax assessee through his own login shall also update at the official web-site of the Commercial Taxes Department incase of any change in mobile number, e-mail address, address of the place of the business or name of the firm, nature of profession or trade, (4) The employer or assessee seeking cancellation shall also submit an application electronically within a period of thirty days along with supporting documents at official web-site of the Commercial Taxes Department. Please refer to the notification for more details


















Friday, March 19, 2021

Declaration Of Paid Holiday In Puducherry On Account Of General Elections

In connection with the General Election to Puducherry Legislative Assembly, 2021 scheduled to be held on 6th April 2021 (Tuesday) in the Union Territory of Puducherry, the Government of Puducherry vide notification no.169/AIL/Lab/G/2021 has informed that the occupiers/employers of all Factories, Industries, Shops, and other Establishments located in the entire Union territory are instructed to grant a paid holiday to all their employees on Tuesday, 6th April 2021. Furthermore, no deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted under the law and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day.








Wednesday, March 17, 2021

Declaration Of Public Holiday In Tamil Nadu On Account Of General Elections

The Election Commission of India has notified 6th April 2021 as the poll day for the general elections to Tamil Nadu Legislative Assembly 2021 and Bye-Election to Lok Sabha from 39 Kanniyakumari Parliamentary Constituency. The Governor of Tamil Nadu vide notification no: G.O.Ms.No.160 has declared 6th April 2021 (Tuesday) as a public holiday to enable the public to cast their vote situated in areas where elections are being conducted.












Wednesday, February 17, 2021

Renewal Of License Under Ease Of Doing Business In Goa

Government of Goa vide circular no.CE/12-72/2018-19/Exc/3093 has notified to renew all the licenses except industrial licenses and occasional licenses for a period of 5 years under the ease of doing business reforms. If the license holders pay the license fee for 5 years renewal, a 10% rebate shall be given on the total fees on or before March 31, 2021. Further, if the renewal is taken for 3 years and the fees are paid in advance for 3 years, a rebate of 5% shall be given on or before 31st March 2021. Any enhancement in the renewal of the license fee shall not be applicable to the holders who have paid the license fee in advance. The officials shall maintain all the records for the renewal of the licenses and shall submit a report for the same by 15 or 30 of the months or the last date that is 31st March 2021



Wednesday, February 10, 2021

Paid Holiday For Employees Of Shops And Establishments In Punjab On Account Of Municipal Corporation Elections

The Government of Punjab vide notification no. 21/07/2015-5L/171 has notified paid holiday on 14th February 2021 to enable the employees working in the shops and commercial establishments who are voters of districts where General Elections of Municipal Corporations, Municipal Councils, Nagar Panchayats and Bye-election to certain wards of Municipal Corporations/Municipal Councils/Nagar Panchayats are taking place.







Monday, February 8, 2021

Maharashtra Security Guard Board (MSGB) MINIMUM WAGES W.E.F FROM 1-JAN-2021

The Competent Authority, under Minimum Wages Act 1948, Mumbai, vide its Order No.  
RW/MWA/SA/2021(1)/Desk-10/120, dtd. 05.02.2021 declared the rate of Special Allowance/Dearness Allowance for the period from 1st January, 2021 to 30th June, 2021. 



Paid Holiday For Employees Of Shops And Establishments In Andhra Pradesh On Account Of Gram Panchayat Elections

The Andhra Pradesh State Election Commission, Vijayawada has notified the schedule for Ordinary Elections to the Office Of Sarpanch and Ward Members Of Gram Panchayats in the State to be held on 9th February 2021, 13th February 2021, 17th February 2021, and 21st February 2021. The Chief Inspector, Under Andhra Pradesh Shops & Establishments Act 1988 and Spl. Commissioner of Labour, vide. Gazette Notification dated 3rd February 2021, has directed employers to declare Paid Holiday on the Polling Day i.e. 9th February 2021 (Tuesday), 13th February 2021 (Saturday), 17th February 2021 (Wednesday), and 21st February 2021 (Sunday) to all Employees employed in Shops and Establishments under the Act situated in areas of Gram Panchayats where Elections are to be conducted to enable them to cast their vote. Hence, Employers of Shops & Establishments situated in areas of Gram Panchayats where Elections are to be held in the State of Andhra Pradesh are advised to declare Paid holiday for their employees to enable them to cast their vote in the elections.






PF Transfer Online

Know how to transfer EPF online





PRINCIPAL EMPLOYERS to view EPF compliances of their contractors

EPFO launches electronic facility for PRINCIPAL EMPLOYERS to view EPF compliances of their contractors.




Introduction To Online Process For Registration And License Approval Under Various Labour Laws In Haryana

The Government of Haryana vide notification no. Endst. No. 422-24 has introduced an online department portal (https://hrylabour.gov.in/) for registration, renewal of licenses under (a) The Factories Act, 1948 (b) The Contracts Labour (Regulation and Abolition) Act,1970 (c) The Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996 (d) The Inter-State Migrant Workmen (RE&CS) Act, 1979 (e) The Punjab Shops And Commercial Establishments Act, 1958. 




Saturday, February 6, 2021

The Maharashtra State Tax On Professions, Trades, Callings, And Employments (Amendment) Rules, 2021

 The Government of Maharashtra vide notification No. PFT-1221/C.R. 2/Taxation-3 has amended the format of Form III-B filed for returns and payment of tax by employers under the Maharashtra State Tax on Professions, Trades, Callings, and Employments Rules, 1975. 










The Maharashtra Minimum Wages VDA Notification (Jan 2021)

The Government of Maharashtra has released revised minimum rates of wages (variable dearness allowance) effective from 1st January 2021 which will be valid till 30th June 2021




Friday, February 5, 2021

The West Bengal Minimum Wages Notification 1st January 2021

The Government of West Bengal as per notification No.166/703/Stat/2RW/29/2016/LCS/JLC, has released the minimum rates of wages effective from 1st January 2021 to 30th June 2021




The Chandigarh Minimum Wages Notification (April 2020)

 The Union Territory of Chandigarh vide Notification No. ST/ (CPI)/2020-21/108 has released the Minimum Wages effective from 1st April 2020








Eligible for gratuity

 

Whether employee is eligible for gratuity for less than 5 Yrs Service

As per the judgment of the Supreme Court an employee is eligible for gratuity if he has completed 4 years of continuous service and 240 days continuous working in 5th year. On the day when he completes his 240 days in the 5th year he will be eligible for gratuity. 

  • The judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central  Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted  under the act also and hence an employee rendering service of 4 year 10 months 11 days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity.
  • An employee who has put in his service for a period of 240 days in fifth year will be deemed to have continued in the service for 1 year. Mettus Beardsell Ltd., Madrs Vs. RLC (C) 1998 LLR 1072(Mad)

Wednesday, September 28, 2016

Subscribers of provident fund get life insurance cover of up to Rs6 lakh

Did you know: Subscribers of provident fund get life insurance cover of up to Rs6 lakh

The employee does not have to bear any extra cost to avail the life insurance cover. The employees’ contribution to the PF covers all the costs

If you work in the organised sector, then a portion of your salary goes towards your Employees’ Provident Fund (EPF) account every month. This amount qualifies for tax deduction and also earns interest.
Apart from that, this contribution to EPF also entitles you to a life insurance cover.
The cover is called the Employee Deposit Linked Insurance (EDLI), and in case of death of a provident fund (PF) subscriber, it is payable to the subscriber’s heirs.

Who is covered

The scheme covers all those who are employed in the organised sector and contribute to a provident fund.
It is the responsibility of the employers to ensure that all their employees are subscribed to the EPF schemes.
The terms and conditions of the EDLI scheme are set by the EPFO.
However, if some employers provide a separate life insurance cover to their employees, they may seek the consent of the Employees’ Provident Fund Organisation (EPFO) to opt out of this insurance scheme.
The employee does not have to bear any extra cost to avail the life insurance cover. The employees’ contribution to the PF covers all the costs.

Insurance amount

The maximum amount that the family of a deceased can claim, was increased recently. The increase was announced in September 2015, and notified in May this year.
As per the new notification, a life cover of up to Rs6 lakh can be claimed by the nominee or legal heir of the provident fund subscriber.
The cover is calculated on the basis of the average monthly salary drawn in the 12 months preceding the death of the employee. The highest salary that can be considered for this purpose is Rs15,000. Salary here means basic plus dearness allowance.
The family can claim 30 times the average salary, calculated in this manner.
Along with this: 50% of the balance in the subscriber’s EPF account, or Rs 1.5 lakh—whichever is less—can be claimed as bonus. And the life cover, along with the bonus, is subject to a limit of Rs6 lakh.
This is irrespective of the age of the employee.

Claim process

In case of death of an employee, the nominee can claim the insured amount. Documents such as death certificate, succession certificate, and bank details need to be provided to claim the insurance money.
If there is no nominee in a provident fund account, the legal heir can claim this amount.
The claim form for EDLI should, ideally, be submitted along with the claim form for EPF withdrawal to the employer.
The application needs to be attested by the employer under whom the provident fund member was last employed.
The claim can only be initiated if the death occurred while the provident fund subscriber was employed in active service. The cover extends to beyond working hours and leave days.

Saturday, September 24, 2016

Labour Welfare Fund (LWF) applicable and not applicable in State



Labour Welfare Fund (LWF)
Applicable States
S.No.States
1.Andhra Pradesh
2.Chandigarh (Same as in Punjab)
3.Chattisgarh
4.Daman and Diu (Same as in Goa)
5.Delhi
6.Goa
7.Gujarat
8.Haryana
9.Karnataka
10.Kerala
11.Madhya Pradesh
12.Maharashtra
13.Punjab
14.Tamilnadu
15.West Bengal
Non - Applicable States
1.Andaman and Nicobar Island
2.Arunachal Pradesh
3.Assam
4.Bihar
5.Dadra and Nagar Haveli
6.Himachal Pradesh
7.Jammu and Kashmir
8.Jharkhand
9.Lakshadeep
10.Manipur
11.Maghalaya
12.Mizoram
13.Nagaland
14.Orissa
15.Punduchery
16.Rajasthan
17.Sikkim
18.Tripura
19.Uttar Pradesh
20.Uttarakhand

India Map, Indian Map, LWF
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Professional Tax Applicable/Not Applicable in States


Professional Tax Applicable in States
S.No.States
1.Andhra Pradesh
2.Assam
3.Bihar
4.Chattisgarh
5.Gujarat
6.Karnataka
7.Kerala
8.Madhya Pradesh
9.Maharashtra
10.Manipur
11.Meghalaya
12.Mizoram
13.Orissa
14.Puducherry
15.Tamil Nadu
16.Tripura
17.West Bengal
Professional Tax Not Applicable in States
S.No.States
18.Arunachal Pradesh
19.Delhi
20.Goa
21.Haryana
22.Himachal Pradesh
23.Jammu & Kashmir
24.Jharkhand
25.Nagaland
26.Punjab
27.Rajasthan
28.Sikkim
29.Uttar Pradesh
30.Uttaranchal
31.Andaman & Nicobar
32.Chandigarh
33.Daman & Diu
34.Dadra & Nagar Haveli
35.Lakshadeep
India Map, Indian Map
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