SALARY QUERY

Tax queries 1440 views 15 replies

X, an employee of ABC ltd, at the time of retirement gets a sum of Rs. 105000 from his employer as appreciation of services in addition to other benefits like gratuity, leave salary etc

Will the amount so recd as appreciation of services be fully taxable or

can it treated as a gift & will be fully exempt as the employer is liable to pay FBT????????

Plz  guide

 

Thanks

Rupesh

Replies (15)

Fully taxable as salary. No need for FBT.

In these cases it is important that such appreciation or gift must be given to employees under any scheme applicable to all employees.If gifts r given purely on a personal basis it would be taxable in the hands of the employer as FBT.In every other case will b Taxable in the hands of the employee,

Money given in appreciation of services can stand the test of adequate consideration, in my opinion.

As per My Opinion- It depends upon the situation & treatment in the companies books. 1. If such appreciation amt is shown in salary certificate( i.e.Form 16) of the employee then it will be chargeable in the hands of Employee. 2. If such amt is shown as gift by the company then such amt is not taxable in the hands of employee.

Amount received will be added to gross salary and is fuuly taxable

 

Originally posted by :Rupesh Kalantri
" X, an employee of ABC ltd, at the time of retirement gets a sum of Rs. 105000 from his employer as appreciation of services in addition to other benefits like gratuity, leave salary etc
Will the amount so recd as appreciation of services be fully taxable or
can it treated as a gift & will be fully exempt as the employer is liable to pay FBT????????
Plz  guide
 
Thanks
Rupesh
"


 

Whatever you received from your employer is fully taxable, if there is no treatment regarding such amount, you received, in Income Tax Act 

In my opinion any amount paid by an employer to his employee at the time of retirement in appreciation for the employee's past services is called Gratuity. Gratuity is taxable in the following manner;

(a) Non taxable in the hands of Govt employees,

(b) Taxable in the hands of employees other than Govt employees covered under the Payment of Gratuity Act, 1972,

(c) Taxable in the hands of employees other than Govt employees not covered under the Payment of Gratuity Act, 1972.

Regards,
Prabeer Sarkar.

Originally posted by :Rupesh Kalantri
" X, an employee of ABC ltd, at the time of retirement gets a sum of Rs. 105000 from his employer as appreciation of services in addition to other benefits like gratuity, leave salary etc
Will the amount so recd as appreciation of services be fully taxable or
can it treated as a gift & will be fully exempt as the employer is liable to pay FBT????????
Plz  guide
 
Thanks
Rupesh
"


 

It will be taxable in the hands of Employee under the head Salary.

Originally posted by :PRABEER SARKAR
" In my opinion any amount paid by an employer to his employee at the time of retirement in appreciation for the employee's past services is called Gratuity. Gratuity is taxable in the following manner;
(a) Non taxable in the hands of Govt employees,
(b) Taxable in the hands of employees other than Govt employees covered under the Payment of Gratuity Act, 1972,
(c) Taxable in the hands of employees other than Govt employees not covered under the Payment of Gratuity Act, 1972.

Regards,
Prabeer Sarkar.
"


 

i was talking abt the lumpsum amount recd in addition to gratuity at the time of retirement

The whole of such sum will be taxable under the head "Salaries" in the hands of employee. If the employer gives in the form of gift in kind, then that would be liable for FBT for employer and exempt in the hands of employees.

Originally posted by :M.Sriram Shenoy
" The whole of such sum will be taxable under the head "Salaries" in the hands of employee. If the employer gives in the form of gift in kind, then that would be liable for FBT for employer and exempt in the hands of employees. "

Im agree with Mr. Sriram
 

Originally posted by :M.Sriram Shenoy
" The whole of such sum will be taxable under the head "Salaries" in the hands of employee. If the employer gives in the form of gift in kind, then that would be liable for FBT for employer and exempt in the hands of employees. "

Im agree with Mr. Sriram
 

Originally posted by :M.Sriram Shenoy
" The whole of such sum will be taxable under the head "Salaries" in the hands of employee. If the employer gives in the form of gift in kind, then that would be liable for FBT for employer and exempt in the hands of employees. "

Im agree with Mr. Sriram
 


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