Chartered Accountant
2731 Points
Joined January 2008
In a case where the person is not in reciept of the gratuity amount, he is entitled to exemption of upto 50% of the total commuted pension amount.
In ur case, the person is already exhausted 30% of the exemption in his first case.... so on the second time.. he will be eligible to only 20% of the left out exemption (50%-30%).
For eg. In ur case, let say he recieved 30% of pension as Rs.90... so total commuted pension would be Rs.300 (90/30%). Exemption in ur case is 50% as per Sec.10(10A) i.e. Rs.150.
He already took exemption of upto 30% i.e. Rs.90.... So next time on getting Rs.75 as 25% of the total commuted pension... since he has already claimed exemption of Rs. 90... so this time he wud be left with Rs. 60 to claim as exemption i.e. (150-90).. which is exactly 20% of the total commuted pension..!!!!