Gratuity upto a specified limit is exempt under the provisions of sec.10(10) of the Income Tax Act, 1961.
For the purpose of exemption of gratuity under sec.10(10) the employees are divided under three categories:
Govt. employees - In the case of govt. employees the entire amount of death-cum-retirement gratuity is exempt from tax and nothing is therefore taxable under the head Salaries.
Employees covered under the Payment of Gratuity Act, 1972 - The employees covered under the Gratuity Act who receive gratuity have been given exemption which is the minimum of the following amounts - Gratuity received in excess of the minimum of the amounts mentioned below is included in the gross salary for the purposes of taxation 1. The amount of gratuity actually received. 2. Fifteen days' salary (7 days in the case of seasonal employment) for every completed year of service provided the employment is more than six months.
Other employees - In the case of other employees the gratuity received or receivable on his retirement or on his becoming incapacited prior to such retirement or termination of his employment or any gratuity received by his heirs is exempt to the extent of the minimum of the following amounts. The amount received in excess of the sums mentioned below is included in the gross salary of the employee for the purposes of taxation 1. Actual amount of gratuity received. 2. Half month's average salary for every completed year of service. (Average salary means the average of the salary drawn by the employee for 10 months immediately preceding the month in which he retires)
Thus the IT Act does not specify the exemption limit to be Rs. 3.50 lacs. Since most of the companies agreed to pay gratuity as per the gratuity act, 72, their maximum payment was limited to Rs. 3.50 lacs and the same was exempt.
I believe that the entire amount of gratuity paid as per the latest amendment raising the maxiumum amount to Rs. 10 lacs will be exempt from Income Tax..
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