18 December 2009
Respected Sir, Kindly provide me the details for calculation of Gratuity if the employer is registered under Gratuity Act as well as if he is not registered under Gratuity Act. Kindly provide me details by a example if possible.
18 December 2009
P8. Mr. Hari retires on 15th October2008, after serving 30 years and 7 months. He gets Rs.3,80,000 as gratuity. His salary details are given below: FY 2008-09 Salary Rs.16,000 pm D.A. 50% of salary. 40% forms part of retirement benefits. FY 2007-08 Salary Rs.15,000 pm D.A. 50% of salary. 40% forms part of retirement benefits Determine his gross salary in the following cases: (i) He retires from government service (ii) He retires from seasonal factory in a private sector, covered under Payment of Gratuity Act, 1972. (iii) He retires from non-seasonal factory, covered by Payment of Gratuity Act, 1972 (iv) He retires from private sector, not covered by payment of Gratuity Act Computation: (i) The amount of gratuity received as a Government employee is fully exempt from tax u/s 10(10)(i) (ii) As an employee of a seasonal factory, in a private sector, covered under the Payment of Gratuity Act, 1972 Computation of Taxable Gratuity Particulars Rs Rs Amount received as Gratuity 3,80,000 Less: Exemption u/s 10(10)(ii) Least of the followings: (i) Actual amount received 3,80,000 (ii) 7/26 x Last drawn salary x No. of years of completed service or part thereof in excess of 6 months [31 × 7/26 × 24,000] 2,00,308 (iii) Maximum Limit 3,50,000 2,00,308 Taxable Gratuity 1,79,692 (iii) As an employee of a non-seasonal factory, covered by Payment of Gratuity Act, 1972 Tax Supplement 5 Computation of Taxable Gratuity Particulars Rs Rs Amount received as Gratuity 3,80,000 Less: Exemption u/s 10(10)(ii) Least of the followings: (i) Actual amount received 3,80,000 (ii) 15/26 × Last drawn salary × No. of years of completed 4,29,231 service or part thereof in excess of 6 months [15/26 × 31 × 24,000] (iii) Maximum Limit 3,50,000 3,50,000 Taxable Gratuity 30,000 Note : Salary = Basic Pay + Dearness Allowance In case of seasonal employment, instead of 15 days, 7 days shall be considered. (iv) As an employee of a private sector, not covered by Payment of Gratuity Act,1972 Computation of Taxable Gratuity Particulars Rs Rs Amount received as Gratuity 3,80,000 Less: Exemption u/s 10(10)(iii) Least of the followings: (i) Actual amount received 3,80,000 (ii) 1/2 × Average salary×No. of fully completed years of service [½ × 18,720 × 30] 2,80,800 (iii) Maximum Limit 3,50,000 3,50,000 Taxable Gratuity 99,200 Note: Salary = 10 months average salary preceeding the month of retirement. = Basic Pay + Dearness Allowance considered for retirement benefits + commission (if received as a fixed percentage on turnover) Salary for the months December’06 till September ’07 shall have to be considered.
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