Gratuity Limit increased to 10 Lakh as per Income Tax Act an

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Parliament on Wednesday approved enhancing the gratuity limit for employees from Rs3.5 lakh to Rs10 lakh as also the exemption threshold from income tax on it.

Parliament on Wednesday approved enhancing the gratuity limit for employees from Rs3.5 lakh to Rs10 lakh as also the exemption threshold from income tax on it.

While the Lok Sabha had passed the Payment of Gratuity (Amendment) Bill 2010 on Monday, the Rajya Sabha put its stamp of approval on it on Wednesday.

Labour minister Mallikarjun Kharge, replying to a brief debate on the bill said the legislative measure also provides that the income tax exemption limit has commensurately been increased to Rs 10lakh from Rs3.5 lakh earlier.

On demands for giving a retrospective effect to the measure, Kharge said, “We want to give a lot, but there should be a capacity (of the employer) to pay and it should reach the beneficiaries.”

He gave the same reason for not accepting demands from the members to improve the formula for calculation of gratuity.

The bill was brought following demands from trade unions and others to remove the ceiling or increase the maximum payable amount, which was fixed in 1997.

Earlier participating in the debate, Congress member and veteran trade unionist G Sanjeeva Reddy said payment of gratuity should be done with retrospective effect.

CPI(M) member T K Rangarajan said seasonal workers are not getting benefit and therefore their interests should also be protected.

Replies (11)

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did not saw that...

Its ok sir. Thanks for sharing the information.

Thanks for sharing the information.............

Regards

K.Ilayaraja.
 

What would be the tax treatment if gratuity received is Rs. 12 lakhs?

Whether tax would be calculated on Rs. 2 lakhs of gratuity i.e. Rs. 12 lakhs minus exemption of Rs, 10 lakhs or on whole amount i.e. Rs. 12 Lakhs?

Tax would be payable on Rs. 2 lakhs only. subject to conditions as prescribed in Section 10

pls send me how to calculation of mat and deferred tax with example

I am working in a Comapny for last 20 years. I want to know the limit of Gratuity to be available for me??

Say the company is a pvt ltd or a ltd co??

want to know the results in both cases???

Hi Ashish,

Gratuity receipt is trated as follows:

Any receipt during the period of dervice is fully taxable. But any receipt after the termination of service is dealt as under:

U/s 10(10) gratuity is exempt for two classes of people viz. Govt employees and Non Govt-employees (includes Public Ltd. Co. & Pvt. Ltd. Co. employees).

Govt. Employees: All receipt of grautity at the time of retirement is fully exempt.

Non-Govt Employees:

a) Covered under the Payment of Gratuity Act:

Least of the three are exempt:

1) Rs.350000/-

2)15/26*Salary drawn*Completed Years of service (Inclusive of 6 months)

3) Actual Amount received.

b) Not covered under the Payment of Gratuity act:

Least of the following:

1) Rs.350000/-

2) Half months salary * completed years of service (inclusive of 6 months)

3) Actual Amount received.

 

Another important point to be noted is that total gratuity exemption that an individual can avail is Rs.350000/- even if he has receved gratuity from different employers.

Salary = Basic + DA

Is it for Gov. Employee or Pvt ???

A notification enhancing the Gratuity amount from Rs.3.50 lac to Rs.10.00 lacs has been issued on 18.5.2010. Its effective date has been notidied by an another Notification dated 24.5.2010. This is as far as payment by employer to its employees under the provisions of Gratuiry Act, 1972- Section 4.

The exemption limit for the purpose of Income Tax / TDS by employer is provided in Section 10(10) of IT Act, 1961.

Whether a seperate Notification by Ministry of Finance has to be issued for the purpose of exemption ? OR an amendment Act will be passed to the I T ACT,1961 ?

Readers may pl. enlighten.

 

Thanks


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