EX-GRATIA PAYMENT RECEIED FROM EMPLOYER FOR SAPERATION AGREMENT (FOR LEAVING A JOB)
This query is : Resolved
11 June 2024
My client received EX-GRATIA PAYMENT FROM EMPLOYER as part of Separation Agreement of RS.38,00,000 for discontinuing/termination of employment. He can join any other job after separation. In from 16 Employer deducted Tax on all salary including ex-gration payment. In salary Slip for that month its shown as "Ex-gratia" without mentioning whether its exempt or not. As I googled about ex-gratia taxability, its showing as exempt from tax but I was not able to find specific tax provision & section for this. But as in 26-AS salary is shown in full hence as per my analysis Its very probable that ITR may be scrutinized by IT Department. Shall I take this as exempt in a salary & if yes then under which section.
11 June 2024
No, it is taxable, unless you can prove that the compensation given was voluntary and not to be treated as 'profit in lieu of salary.'
31 August 2024
Good luck.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Showing Gift from relative in ITR for this year
- ITR selection for salaries and capital gain less than L
- Share accounting-->fifo - capital gain - period as per fifo?
- Treatment of Pension ?annuity returns on PMVY
- ITR filing- non tax audit cases- Asstt.Year 2026-2027
- Soyabean hsn code and gst rate
- Regarding IMS Mandatory from 1st July 2026
- What is provisional receipt number for generation of form 16A
- Scrutiny assessments u/s 143(2) for AY 25-26
- CA IPCC Registeration in 2012, Is my registration Active or Expired
- Gst invoice numbering and delivery challan numbering
- Standard Deduction claim for EPFO Pension and ICICI Prudential Life Annuity
- Small dealers gst returns filing
- Sales amount in Gstr1
- CG after sale of flat
- E Commerce GSTR1 & 3B how to file
- GST Cancellation without jurisdiction
- Legal Opinion on Registrar's Refusal to Investigate a Society for Non-Renewal and Non-Compliance
- GST Refund_RFD-01
- Form10BD was uploaded successfully without any Error but after 24 hours, Form10BE are not available
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
