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Payment of Gratuity Act 1972

Latest Articles


Inclusion of Allowances & imposition of upper caps by regulations in Gratuity

Corporate Law : Explore the complexities of including allowances and upper caps in gratuity regulations. Learn from legal precedents and understan...

May 2, 2024 360 Views 0 comment Print

Analysis of Karnataka Compulsory Gratuity Insurance Rules, 2024

Income Tax : Understand the nuances of Gratuity - eligibility, exemptions, tax implications for employers & employees, and recent regulatory ch...

March 29, 2024 2259 Views 0 comment Print

Gratuity Insurance rules 2024 notified by Government of Karnataka

Corporate Law : Understand the implications of Karnataka's new Gratuity Insurance Rules 2024 on employers. Learn about registration, exemptions, t...

March 21, 2024 2862 Views 0 comment Print

Gratuity forfeiture is not automatic; it hinges on conditions outlined in Gratuity Act, 1972

Corporate Law : Explore the Union Bank Vs CG Ajay Babu case (2018) on gratuity forfeiture. Detailed analysis on conditions, legal aspects, and jud...

January 18, 2024 858 Views 0 comment Print

Karnataka Compulsory Gratuity Insurance Rules, 2024: Compliance Guide & Recommendations

Corporate Law : Understand Karnataka's new Compulsory Gratuity Insurance Rules 2024. Learn compliance steps, key observations, and expert recommen...

January 17, 2024 1182 Views 0 comment Print


Latest News


No plan to increase Gratuity payment from 15 days salary to 30 days

Corporate Law : Whether Government is considering to increase the Gratuity payment from 15 days’ salary for each completed year to 30 days’ sa...

March 30, 2022 3468 Views 0 comment Print

Enhancement of Gratuity Limit with effect from 29/03/2018

Corporate Law : The Government has issued Notification the same day wherein gratuity limit has been increased from Rs.10 lakhs to Rs.20 lakhs un...

April 6, 2018 5907 Views 2 comments Print

Payment of Gratuity (Amendment) Act, 2018 brought in force on 29th March, 2018

Corporate Law : Decision:The Payment of Gratuity (Amendment) Bill, 2018 has been passed by Lok Sabha on 15th March, 2018 and by the Rajya Sabha on...

March 30, 2018 4662 Views 5 comments Print

Payment of Gratuity (Amendment) Bill, 2018 passed by Parliament

Corporate Law : The Payment of Gratuity (Amendment) Bill, 2018 has been passed by parliament today. The bill ensures harmony amongst employees in ...

March 22, 2018 19467 Views 7 comments Print

Payment of Gratuity (Amendment) Bill, 2017 introduced in Lok Sabha

Corporate Law : Clause 3 of the Bill seeks to amend the provision relating to calculation of continuous service for the purpose of gratuity in cas...

December 19, 2017 11187 Views 3 comments Print


Latest Judiciary


ITAT Criticizes AO for Hasty 200% Penalty Imposition without application of Mind

Income Tax : Analysis of ITAT Pune's criticism of the Assessing Officer's hasty penalty imposition at a 200% rate without proper application of...

March 19, 2024 534 Views 0 comment Print

Gratuity Cannot Be Disallowed for Delay in Approval of Gratuity Fund

Income Tax : Twinings Pvt. Ltd. vs. DCIT: ITAT Kolkata allows gratuity payment as salary expense u/s 37(1) of IT Act, rejecting disallowance u/...

March 13, 2024 960 Views 0 comment Print

Employee holding civil post under a State eligible for section 10(10(i) Gratuity Exemption 

Income Tax : TAT) Delhi in case of Chandan Lal Goswami vs. ITO sheds light on the eligibility of employees holding civil posts under a State fo...

December 20, 2023 351 Views 0 comment Print

State Govt Undertaking Employee cannot be treated as State Govt Employee for Gratuity & LTA Exemption

Income Tax : State Government Undertaking may be considered as a State instrumentality within the definition of article 12 of Constitution of I...

May 8, 2023 2229 Views 0 comment Print

Petitioner duly entitled for 5% simple interest on delayed payment of pension and gratuity

Corporate Law : Patna High Court held that petitioner is duly entitled for at least 5% Simple interest on delayed payment of pension and gratuity....

March 17, 2023 1266 Views 0 comment Print


Latest Notifications


Gratuity Limit Enhancement: Govt. Increases to Rs 25 Lakh

Corporate Law : Government of India enhances maximum limit of gratuity for Central Government employees to Rs 25 Lakh, implementing Seventh CPC re...

May 30, 2024 2529 Views 0 comment Print

Karnataka Compulsory Gratuity Insurance Rules, 2024

Corporate Law : Explore the Karnataka Compulsory Gratuity Insurance Rules 2024 introduced by the Government of Karnataka. Learn about coverage, co...

January 10, 2024 4401 Views 1 comment Print

Gratuity exemption u/s Section 10(10)(iii) raised to ₹ 20 lakhs

Income Tax : Govt increases Gratuity exemption limit u/s Section 10(10)(iii)  to ₹ 20 lakhs from existing Rs. 10 Lakh vide Notification No. ...

March 8, 2019 76092 Views 8 comments Print

President assents Payment of Gratuity (Amendment) Act, 2018

Corporate Law : (1) This Act may be called the Payment of Gratuity (Amendment) Act, 2018. (2) It shall come into force on such date as the Central...

March 29, 2018 43473 Views 29 comments Print

Govt notifies maximum maternity leave of 26 weeks for Gratuity

Corporate Law : Central Government hereby specifies for the purposes of the said clause that the total period of maternity leave in the case of a ...

March 29, 2018 7632 Views 0 comment Print


Andhra Pradesh Compulsory Gratuity Insurance Rules, 2011 makes Gratuity Insurance compulsory

June 22, 2011 11684 Views 0 comment Print

Every employer other than an employer of an establishment belonging to, or under the control of, the Central Government or a State Government, shall subject to provisions of sub section (2) under section 4A of the Act, obtain an insurance in the manner prescribed under sub-section (4) of section 4A of the Act for his liability for payment towards the gratuity under this Act, from the Life Insurance Corporation of India or any other Insurance Company incorporated under the Company’s Act, 1950.

Manner Of Reporting by the Auditors On Prudential Regulatory Treatment Prescribed By RBI In Respect Of Pension And Gratuity Liability Of Public Sector Banks

April 8, 2011 825 Views 0 comment Print

The Council of the Institute of Chartered Accountants of India at its 304th meeting held on 23rd March 2011 considered the prudential regulatory treatment prescribed by the Reserve Bank of India vide its above mentioned circular vis a vis the impact thereof on the auditor’s report since the said treatment is a departure from the requirements of the Accounting Standard (AS) 15, Employee Benefits. 3. On a consideration of the matter, the Council of the Institute decided that since the accounting treatment for such expenditure is prescribed under the prudential regulatory framework of the Regulator, the auditors need not qualify their audit report on account of this. The matter should, however, be brought out by the auditors in the audit report by way of an “Emphasis of Matter Paragraph” in accordance with the Standard on Audit (SA) 706, “Emphasis of Matter Paragraphs and Other Matter Paragraphs in the Independent Auditor’s Report, provided the matter of departure from the requirements of AS 15 pursuant to the aforesaid circular of RBI is appropriately disclosed, with quantification, by the bank by way of the notes to the accounts in the financial statements.2

Once workmen became eligible for gratuity, then, the entire length of their service must be counted

January 26, 2011 423 Views 0 comment Print

In its order, the Court, while dismissing the writ petitions filed by Indian Rare Earths Ltd, Manavalakurichi, Kanyakumari District, a Government of India undertaking, challenging, inter alia, the common order dated September 23, 2005 of the Regional

Forfeiture of gratuity for loss sustained illegal

December 5, 2010 1002 Views 0 comment Print

The Payment of Gratuity Act, 1972, did not provide for forfeiture of gratuity amount due to employees in any other contingency except the one covered under Section 4(6), viz., recovery of dues from them. Also, the law stipulated that for invoking the

All employees except an apprentice are entitled to gratuity

November 6, 2010 1222 Views 0 comment Print

This Court, while defining as to who was an employee under Section 2(e) of the Act in Arunachalam S. vs M.D. Southern Structurals reported in 2001 2 LLJ 1457 had held that all employees were entitled to gratuity except an apprentice. This ruling was

Employers have to pay Interest for delayed payment of Gratuity

November 6, 2010 8596 Views 0 comment Print

An employee becomes eligible for gratuity on the termination of his employment after he has rendered continuous service for not less than five years, according to Section 4(1) of the Payment of Gratuity Act, 1972. He is also entitled for interest on

Frequently asked questions on the revised direct tax code

June 25, 2010 1189 Views 0 comment Print

Under the direct taxes code (DTC) regime, what happens if a salaried employee withdraws money from his/her approved Provident Fund (PF)/Superannuation fund (SF) /Gratuity and other retrial benefit schemes? How will the DTC affect pension plans?

Increase in gratuity exemption limit made applicable to all employees

June 11, 2010 3988 Views 5 comments Print

Notification No. 43/2010-Income Tax Notification:-The Central Board of Direct Taxes (“CBDT”) has extended the enhanced exemption limit of INR 10 lakhs to the employees of companies who do not fall under the provisions of the Payment of Gratuity Act, 1972. The notification will be effective from 24 May 2010.

Section 10(10)(iii) – Gratuity exemption limit raised to Rs.10 lakhs

June 11, 2010 12457 Views 21 comments Print

Notification No. 43/2010-Income Tax In exercise of the powers conferred by sub-clause (iii) of clause (10) of section 10 of the Income-tax Act, 1961 (43 of 1961), and in supersession of Ministry of Finance, Department of Revenue, notification no. S.O. 287 dated the 20th January, 1999 the Central Government, having regard to the maximum amount of any gratuity payable to its employees, hereby specifies ten lakh rupees as the limit for the purpose of the said sub-clause in relation to the employees who retire or become incapacitated prior to such retirement or die on or after the 24th day of May, 2010 or whose employment is terminated on or after the said date.

Amendments to Payment of Gratuity Act- Accounting implications

June 8, 2010 5386 Views 0 comment Print

In India, the Payment of Gratuity Act, 1972 (Act) requires entities with ten or more employees to pay gratuity benefit to their employees at the time of termination of employment. The act also provides that if an entity is covered under the act because its number of employees exceeded ten on a particular day, it will continue to be covered under the act even if its number of employees fall below ten subsequently.

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