• PF Transfer delay resulted in TDS deduction

Hi, 
I changed my job from TCS ( Aug 2017) to JPMC (Oct 2017) in FY 2017-2018. The PF transfer from TCS to JPMC took a hell lot of time and finally transferred to JPMC on May 2018. However TCS deducted the tax on the interest paid on my PF during the absence period saying I have not transferred the PF before 31st March 2018. I have not withdrawn any PF during this period. Since now its transferred to JPMC do I have to pay the income tax? Can I remove this component from Income tax return filling? How can I inform the same to IT department in the filling. Because this component is showing up in my 26AS document.

Thanks,
Kiran
Asked 6 years ago in Income Tax

Dear Sir,

Show it under the head exempt income but be prepared for the notice of mismatch with Form 26AS from the department.

You can opt for option others in ITR-1 and write in the description the facts.

Thanks

Vivek Kumar Arora
CA, Delhi
4848 Answers
1044 Consultations

5.0 on 5.0

Hi,

As per the existing employee provident fund (EPF) regulations, you can withdraw your EPF balance after you remain unemployed for 2 months. If you have contributed to PF for a period exceeding 5 years, the amount you receive upon withdrawal ought to be exempt from tax. As per a recent case law, if there is any delay in seeking the withdrawal of the PF, the interest accruing to you after the period of your service may be taxable, even if you have contributed to PF for a period exceeding 5 years.

Based on above:

1. TCS has already deducted Tax, however based on total income,if there is a short fall in TDS you will have to pay tax.

2. You cannot remove the interest component from your return as doing so shall result in issuance of notice by Income Tax Department.

Hope your queries are resolved.

Siddhant Shah
CA, Mumbai
120 Answers
1 Consultation

5.0 on 5.0

Hi Kiran

Since no amount has been withdrawn and the same PF account is continued with the new employer, you need not include it in the ITR. It is not a taxable income.

Further, since the income would mismatch with 26AS statement, you may receive a notice for the same. But, on submission of relevant proofs, it shall be accepted. You need not worry.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

Hi Kiran,

Hope you are doing well !

It is just a transfer from one company to another company.

It is not a taxable income. You do not need to include in the ITR.

However,you may receive IT notice for the income mismatch with 26AS statement. But if you have a valid documents /proofs, you will get benefit.

Thanks & Regards,

Payal Chhajed

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

Hi Kiran,

If your PF has been transferred then you dont need to pay any tax on interest earned on PF. Whenever query comes from the department, you can explain this to them

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

Ideally TCS should not have deducted tds as the transfers of PF usually take sometime and it is the responsibility of the new company and the old company to ensure that the PF of the employee is transferred on time.

Having said that, since the tds has already been deducted, you can adjust in the ITR filing and in case there is a query later you can explain the issue to the Officer.

Also i am assuming in the above advise that there was no intention to withdraw the PF and the same was not done.

Hope that resolves your query.

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

Hi,

Its not a taxable income so no need to show it in ITR or it can be shown under exempted income.

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

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