CA M. com
10823 Points
Joined November 2008
A relief can be claimed if gratuity is received in excess of the limits specified u/s 10(10). It can be claimed if service rendered is more than five years.
Method of computation of relief:
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Compute the average rate of tax on the total income including the gratuity in the year of receipt.
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Find out the tax on gratuity at the average rate of tax computed at (1) above.
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Compute the average rate of tax by adding one – third of the excess gratuity to the other income of each of the three preceeding years. ( in case the service rendered is more than 5 years and less than 15 years, add one – half of the excess gratuity to the other income of each of the 2 preceeding years.)
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Find out the average of the three rates (2 rates in case the service rendered is more than 5 years and less than 15 years) as computed in (3) above and compute the tax on gratuity at that rate.
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The difference between the tax on gratuity computed at (2) and that at (4) will be the relief admissible u/s 89(1).