Plzzzz reply thiz urgent

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Can anyone plzzz Tell me while doing computation of grautity under head income from salaries when we should assume that the assessee is not covered in gratuity act and when to assume that he is covered under grautity act.. ?? I mean if question dose not specify anything  about  it...!! What it is Assumed in the most of the cases..??

Waiting for the Earliest Reply.. plzzzzzzz

Thanking You smiley

 

Replies (3)

it is assumed that he is not  covered by gratuity act if not specified in question....................

dear jainith when question is sailent regarding covering of gratuity or not we will always assume employee is not covered by gratuity act. 

Dear Jainith Kumar !

For the purpose of exemption of gratuity under sec.10 (10) the employees are divided under three categories:

  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:-

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.

The amount of gratuity as calculated above shall not exceed Rs. 10,00,000/-

  1. In case of any other employee, gratuity received shall be exempt, subject to the following exemptions

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.

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.

Having known the conditions, cited above, you have to choose the appropriate assumption.

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