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Treatment of Gratiuty received from employer after layoff

Code Monkey (Coding) (8 Points)

13 July 2022

Hi,

I lost my job during the peak of COVID crisis in Dec 2020. My employer paid me Gratuity amount in August 2021. Now when filing for taxes for FY 2021-22, I am not sure if the gratuity amount I received is tax exempted. I was jobless for months of Dec 2020, Jan 2021 and part of Feb 2021. Not sure if I can apply for deductions under section 10(10). The amount I received is less than 3 lakhs. Interestingly the employer has not deducted TDS on the Gratuity amount . It would really help if someone can guide me on this. Thanks in advance !!

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3 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (161002 Points)
Replied 13 July 2022

The gratuity amount up to Rs. 20 lakh is exempt from tax for employees that are covered under the Payment of Gratuity Act. However, if you are not covered under this act, the maximum gratuity payable is capped at Rs.10 lakh.

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Code Monkey (Coding) (8 Points)
Replied 13 July 2022

Thank you so much for the reply. Since the amount is much less than 10 lakhs, I think I can apply for deductions under Section 10(10) for the gratuity received.

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