Answer

ITR

Gratuity received on leaving a job

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  1. Facts

    Gratuity is exempt up to the limits set in the law for your category of employee; any amount above the exemption is taxable as salary. Employees with less than five years of service generally do not get gratuity under the Payment of Gratuity Act.

  2. Provisions and law

    • Sec 10(10), Income-tax Act 1961 (now Sec 19)Gratuity received is exempt up to a formula and a notified ceiling.
  3. Analysis

    Check the gratuity shown in Form 16 of the old employer and how much it treated as exempt. If you received ₹3,20,000 after six years and it is within the formula and ceiling, it is fully exempt. Check the current notified ceiling before claiming full exemption.

  4. Conclusion

    1. Find the gratuity amount in the F&F statement.
    2. Check exempt and taxable parts in Form 16.
    3. Apply the formula and ceiling.
    4. Report the exempt part and include any taxable part in salary.

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