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Income Tax

Gratuity payment under the Payment of Gratuity Act, 1972 or otherwise exempt to the extent covered under the Income Tax Act

Case Law Details

Case Name
North West Karnataka Road Transport Corporation Vs Deputy Labour Commissioner (High Court of Karnataka)
Date of Judgement/Order
Only available for paid members
Advertisement SUMMARY OF CASE LAW The Income-tax Act exempts the gratuity amount to the extent of limit prescribed under the said Act; there is no distinction between the gratuity paid under the Payment of Gratuity Act, 1972 or otherwise RELEVANT PARAGRAPH No doubt, section 192 of the Income-tax Act requires the employer to deduct the income-tax from the salary and the salary is defined under section 17 of the Income-tax Act, which includes wages, any annuity or pension, any gratuity, any fees, commissions, perquisites or profits in lieu of or in addition to any salary or wages, any advance...
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0 Comments
  1. Hi,

    I have completed 4 years 11 months and 12 days in my recent company and at the next day I have resigned from my recent company. On my last date in company by serving the notice period of 1 month i will complete 5 years and 12 days. In this case My tenure is applicable for gratuity or not.

    My joining date was: 1 june 2010
    date of resignation: 13 May 2015
    last date in company: 12 june 2015.

    Now please suggest me about the maturity of gratuity.

    Thanks and Regards
    Pawan Dev

  2. Sir,

    Please clarify the following:

    An employee of a Charitable Eye Care NGO Hospital (more 200) is eligible from payment of Gratuity ? Applicability of Minimum Wages Act? Andhra Pradesh

    Medical Officers drawing a monthly salary (pf being deducted) in a Charitable Eye Care NGO Hospital are eligible for Gratuity.

    Consultants drawing a lumpsum monthly salary (without provident fund deduction)in a Charitable Eye Care NGO Hospital are eligible for Gratuity

    Regards,
    SindhuKH

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