Gratuity - Taxable or not

Tax queries 7477 views 18 replies

Gratuity Fully Exempt for retirement from govt. employee

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Gratuity Fully Exempt for retirement from govt. employee

if a person is consultant in a limited company and on his death is he eligible for graduity ?

 

if yes , is it taxable in normal rate or at what is the rate of tax?

 

Please clarify

 

Ms SHAMITA !

Death-cum-retirement gratuities received by employees of the Central Government , State Government and the members of the Defence Services are totally exempt from tax under Section10(10)(i) of the Incometax Act.

Please see the following text of income tax act 

CHAPTER III

INCOMES WHICH DO NOT FORM PART OF TOTAL INCOME

Incomes not included in total income.

10. In computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be included

36(i) any death-cum-retirement gratuity received under the revised Pension Rules of the Central Government or, as the case may be, the Central Civil Services (Pension) Rules, 1972, or under any similar scheme applicable to the members of the civil services of the Union or holders of posts connected with defence or of civil posts under the Union (such members or holders being persons not governed by the said Rules) or to the members of the all-India services or to the members of the civil services of a State or holders of civil posts under a State or to the employees of a local authority or any payment of retiring gratuity received under the Pension Code or Regulations applicable to the members of the defence services ;

 

So if she received Gratuity  from State Govt School or Municipality School or Central School,it will be fully exempted..


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