Gratuity limit


This query is : Resolved 

(Querist)
07 February 2011 Dear Sir,
One employee is working with our organisation for 12 years. At the time of his leaving i have calculated his gratuity as 15days pay for every one year complition of service. Which comes to 11.5 Lakhs.
As per it act limit for exemption is 10 Lakh.
My question is whether employer is obligated to pay only till 10 Lakhs or as per gratuity act he has to pay 11.5 Lakhs out of which 10L will be non taxable for employee.

Thanks
Mohini

07 February 2011 Employer liability is limited to the extent of gratuity payable as per Gatuity ACt. A employer can pay any amount as an exgratia over and above the amount calculated as per Payment of Gratuity ACt. The excess amount paid to employee is taxable in the hands of the employee.

Mohini (Querist)
07 February 2011 Thanks Sir,

Please guide if any employer wants to restrict the amt payable to 10 Lakhs even if as per gratuity act calculation is more. Can it be possible.

Regards
Mohini

08 February 2011 Yes, Employer is bound to pay only as per Payment of Gratuity Act


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
02 November 2026
Audit Executive

SRJP & Co LLP

Kochi

CA Inter

View Details
Company
10 October 2026
Accounts Associate Level 1

Abic and Mani Chartered Accountants

Kottayam

B.Com

View Details
Company
19 October 2026
Accountant

Jari Saree Center

New Delhi

Others

View Details
Company
Featured 07 November 2026
Chartered Accountant

DPV & Associates

Chennai

CA

View Details
Company
12 October 2026
AUDIT , ACCOUNTS AND TAXATION

KDSS

New Delhi

B.Com

View Details
Company
ARTICLESHIP 25 October 2026
Article Intern (CA Articleship)

Arpan Bohra & Co

Hyderabad

CA Inter

View Details
Company
12 October 2026
Finance

I-Genext Consulting Private Limited

New Delhi

CA

View Details
Company
Featured ARTICLESHIP 28 October 2026
CA- Inter and Articles

N N V Satish & Co.,

Hyderabad

CA Inter

View Details