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Payment of Gratuity Act 1972

Latest Articles


Tax Treatment of Income from Salary in Brief

Income Tax : Treatment of income from different sources Each income has different source of earning and so the provisions for its taxability. I...

September 5, 2024 336128 Views 42 comments Print

Salary Income – Answer to Common issues

Income Tax : Learn what constitutes salary, allowances, and perquisites under the Income-tax Act. Includes details on taxability of pensions, b...

August 26, 2024 66953 Views 20 comments Print

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 597 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 2988 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 4995 Views 1 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 3603 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 5943 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 4704 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 19539 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 11268 Views 3 comments Print


Latest Judiciary


Gratuity Forfeiture: Conviction Not Needed for Moral Turpitude -SC

Corporate Law : SC rules criminal conviction not needed for gratuity forfeiture if misconduct involves moral turpitude. Upholds forfeiture in frau...

February 23, 2025 564 Views 0 comment Print

If workmen engaged through multiple contractors, contract labour would be employees of principal employer for purpose of gratuity

Corporate Law : Some workmen had continued with IIT-Bombay through multiple contractors, therefore, for the limited purpose of payment of gratuity...

October 21, 2024 1029 Views 0 comment Print

No penalty for higher gratuity exemption claim due to misunderstanding of law

Income Tax : ITAT Nagpur quashed the penalty on Ravindra Kharche, finding no misreporting of income due to bona fide claims regarding gratuity ...

October 6, 2024 519 Views 0 comment Print

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 699 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 1716 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 7494 Views 1 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 5277 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 77715 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 44457 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 7860 Views 0 comment Print


Provision for retirement benefit based on service weightage not allowable

April 12, 2014 4320 Views 0 comment Print

As far as the expression ‘gratuity’ is concerned, there is no definition of what ‘gratuity’ is, even under the Payment of Gratuity Act; yet, a monetary relief to an employee at the time of his retirement or termination of service is treated as ‘gratuity’.

All about Payment of Gratuity Act 1972

March 26, 2012 279237 Views 208 comments Print

The Payment of Gratuity Act 1972:- Gratuity is a voluntary Payment made by the employer to the employee in recognition of continuous, meritorious services and sincere efforts by the employee towards the organization.It is governed under the Payment of Gratuity Act 1972.It is an Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, Oilfields, plantations, ports, railway companies, and shops or other establishments.

Gratuity Payable only if employee put in 5 years of service – HC

December 7, 2011 12870 Views 0 comment Print

The first respondent filed a claim petition before the second respondent seeking payment of gratuity for the period, which he has rendered services to the petitioner’s lorry transport, from 01.04.1991 to 19.04.2007, on which date he had voluntarily stopped himself from services. He claimed gratuity for a period of 10 years and a monthly salary of Rs.3,600/-. The total gratuity claim was Rs.28,800/-. The said application filed by the first respondent was taken on file by the second respondent as P.G.No.90 of 2007 and notice was issued to the petitioner.

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

June 22, 2011 12263 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 930 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 477 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 1035 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 1270 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 8650 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 1243 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?

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