07 July 2011
Hello Friendz Plz help me in the following case: Mr.x an employee was working for punjab electricity board which is state govt itself.thus gratuity received/receivable is fully exempt from tax. but now in punjab this board has been converted into public limited co.in 2008-09 Mr.X retired in 2006 when it was state govt owned but he received gratuity later in 2010 when it became company. Now this received grat.will be taxable one or not My view is that when services were rendered at that time it was state owned so should be fully exempt. Plz help in this regard with decided case laws, if any Further plz tell the limit of Rs.10 lac is on paid base or due base??? Thx
08 July 2011
According to me Gratuity received by an employee on his retirement or resign is taxable under the head salary. In the case of government employees and employees of local authorities, the entire amount of death-cum-retirement gratuity is non-taxable. Total of gratuity received by an employee, covered by the Gratuity Act 1972, from various employers in whole of service is exempt from tax to the extent of least of the following three amounts: Fifteen days salary, based on the last drawn salary, for every completed year of service Maximum Rs. 10,00,000/- Gratuity actually received Any gratuity not covered by the Gratuity Act 1972 is exempt from tax to the extent of least of the three amounts The half month’s salary for each completed year of service. Average salary is to be calculated on the basis of the average salary drawn by the employee for last 10 months. Maximum Rs.10,00,000/- Gratuity actually received Gratuity received in excess of the above amounts is taxable and is included in the gross salary for the purposes of taxation. You can claim this exempt from tax only once in life time. In case of death of the employee, the entire amount is non-taxable. However, if death occurs after the gratuity is due then excess of the above amounts is taxable.
08 July 2011
Hello Friendz Plz help me in the following case: Mr.x an employee was working for punjab electricity board which is state govt itself.thus gratuity received/receivable is fully exempt from tax. but now in punjab this board has been converted into public limited co.in 2008-09 Mr.X retired in 2006 when it was state govt owned but he received gratuity later in 2010 when it became company. Now this received grat.will be taxable one or not My view is that when services were rendered at that time it was state owned so should be fully exempt. Plz help in this regard with decided case laws, if any Further plz tell the limit of Rs. 10 lac is on paid base or due base??? Thx
10 July 2011
THE GRATUITY WILL BE EXEMPT AND UR VIEWS ARE CORRECT LIMIT OF 1000000 APPLIES TO Employees who retire or become incapacitated prior to such retirement or die on or after the 24th day of May, 2010 or whose employment is terminated on or after the said date.
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