Rule 299 — Exemption from tax when recognition withdrawn.
Rule 299 deals with what happens to an employee's accumulated balance when the approving authority withdraws recognition from a provident fund. The balance to the credit of each employee at the end of the financial year before the withdrawal of recognition is to be paid to him free of tax at the time when he receives the accumulated balance due to him, subject to the provisions of paragraph 9 of Part A of Schedule XI. The remaining accumulated balance due to him is subject to tax as if the fund had never been recognised.
The rule therefore draws a line at a date: the balance standing to the employee's credit at the end of the financial year before withdrawal is protected, and everything beyond it is not.
Recognition of a provident fund is granted to the fund, but the tax consequences of losing it fall on employees who had no part in the default. The rule keeps faith with what the employee accumulated while the fund was recognised, and withdraws the protection only from the part of the balance that accrued after the recognition was lost — with the exception preserved by paragraph 9 of Part A of Schedule XI.
| What | Figure | The condition on it | Where |
|---|---|---|---|
| Balance protected from tax on withdrawal of recognition | The balance to the credit of each employee at the end of the financial year before the withdrawal of recognition | Paid free of tax at the time the employee receives the accumulated balance due to him, and subject to paragraph 9 of Part A of Schedule XI | Rule 299 |
The freedom from tax attaches to a measured amount, not to the payment as a whole, and the measuring date is the end of the financial year before withdrawal — not the date of withdrawal itself, and not the date of payment. Everything above that figure is taxed as if the fund had never been recognised, which reaches back over the accumulation rather than treating it as a fresh receipt. Timing of payment does not change the split: the protected part is paid free of tax whenever the employee receives the accumulated balance due to him. And the protection is not unqualified — it is expressly subject to paragraph 9 of Part A of Schedule XI, so that paragraph has to be read before the exemption is claimed.
Recognition is withdrawn from a provident fund during a financial year. At the end of the preceding financial year an employee's balance stood at Rs 14,00,000. He leaves two years later and receives an accumulated balance of Rs 18,50,000. Subject to paragraph 9 of Part A of Schedule XI, Rs 14,00,000 is paid to him free of tax, and the remaining Rs 4,50,000 is subject to tax as if the fund had never been recognised.
An employee meets it when a fund loses recognition and the payment of his accumulated balance is split into a protected part and a taxable part, and again in the tax treatment shown by the fund when it pays.
the balance to the credit of each employee at the end of the financial year before the withdrawal of recognition shall, subject to the provisions of paragraph 9 of Part A of Schedule XI to the Act, be paid to him free of tax at the time when such employee receives the accumulated balance due to him
the remaining accumulated balance due to him shall be subject to tax as if the fund had never been recognised