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Tax on gratuity received on retirement

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03 June 2012 Dear Sir,
I retired in January,2012.My birth date is 26th Jan. Gratuity received by me on Feb,2012.Is my Gratuity Taxable,as I am 60 on the date I received my Gratuity. Can I file Income tax returns and claim a refund of tax deducted? Kindly advise. If I am wrong in claiming this,please enlighten me.
Narayan

03 June 2012 Gratuity received is exempt(Maximum Rs.10,00,000/-) subject to the fulfillment of condition of Section-10(10) of the Income Tax Act,1961, It doesn't matter what is your age

03 June 2012 dear sir,
could you please elaborate what Section-10(10) of the Income Tax Act,1961 embodies and whether I can claim a refund of tax deducted from my Jan'2012 salary, wherein Gratuity taxable was clubbed with my regular
income of the year from 1/4/11 to 31/1/12.
please reply,Sir.
Narayan




05 June 2012 Taxability of the Gratuity Received
1. Any death cum retirement gratuity received by Central and State Govt. employees, Defense employees and employees in Local authority shall be exempt.
2. Any gratuity received by persons covered under the Payment of Gratuity Act, 1972shall be exempt subject to following limits:-
o For every completed year of service or part thereof, gratuity shall be paid at the rate of fifteen days wages based on the rate of wages last drawn by the concerned employee.
o The amount of gratuity as calculated above shall not exceed Rs. 10,00,000/-
3. In case of any other employee,
Gratuity received shall be exempt, subject to the following exemptions
o Exemption shall be limited to half month salary (based on last 10 months average) for each completed year of service or Rs. 10 Lakhs whichever is less.
o Where the gratuity was received in any one or more earlier previous years also and any exemption was allowed for the same, then the exemption to be allowed during the year gets reduced to the extent of exemption already allowed, the overall limit being Rs. 10 Lakhs.
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