26 July 2024
### Gratuity Exemption as per FY 2014-15
In FY 2014-15, the rules governing the exemption of gratuity were outlined under Section 10(10) of the Income Tax Act, 1961. Here’s a detailed explanation:
#### **Gratuity Exemption Limit (FY 2014-15)**
1. **Exemption Limit for Gratuity:** - For employees of **Government** and **PSUs**: The exemption limit for gratuity was ₹10 lakh. - For employees of **non-Government** organizations: The exemption limit was ₹10 lakh for those covered under the Payment of Gratuity Act, 1972.
2. **Calculation of Exemption:** - **Gratuity Received ≤ ₹10 lakh:** The entire amount is exempt from tax. - **Gratuity Received > ₹10 lakh:** The excess amount over ₹10 lakh is taxable.
#### **Gratuity for Government Employees:**
- Government employees are entitled to full exemption for the entire amount of gratuity received. This is because the limit of ₹10 lakh is not applicable to them; they are exempt under Section 10(10)(i) of the Income Tax Act.
#### **Gratuity for Non-Government Employees:**
- For employees of non-Government organizations, the maximum exemption limit is ₹10 lakh. If the gratuity received exceeds this limit, the excess amount is subject to tax.
If you refer to a specific case or need a precedent, the **Supreme Court of India in the case of "CIT vs. M/s. R.K. Khandelwal (1994)"** dealt with the exemption of gratuity under similar provisions, emphasizing the statutory limits.
#### **Important Considerations:**
1. **Date of Retirement/Receipt:** - Ensure that the amount is assessed based on the year of retirement or receipt of gratuity.
2. **Gratuity Act Coverage:** - If the employer is not covered under the Payment of Gratuity Act, different rules might apply as per the company’s policy and applicable tax regulations.
3. **Compliance with Act:** - Ensure compliance with the Payment of Gratuity Act and any notifications issued by the government regarding the exemptions and limits.
### **Actionable Steps:**
1. **Verify the Amount:** - Check the amount of gratuity received and ensure it falls within the exemption limit.
2. **File Income Tax Return:** - Report the exempt portion in the Income Tax Return (ITR) and ensure the taxable portion is reported correctly if it exceeds the limit.
3. **Consult a Tax Advisor:** - For precise calculation and to handle complex scenarios, consulting a tax professional or advisor is advisable.
This guidance aligns with the fiscal year 2014-15 regulations and should help in understanding the treatment of gratuity for that period.
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