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Payment of Gratuity Act 1972

Latest Articles


Salary Income – Answer to Common issues

Income Tax : This guide explains the tax treatment of salary, allowances, perquisites, retirement benefits, and deductions under the Income-tax...

June 24, 2026 70364 Views 21 comments Print

Taxability of Retirement Benefits in India

Income Tax : The Income Tax Department has explained the tax treatment of gratuity, pension, leave encashment, provident funds, NPS, and retire...

June 7, 2026 15855 Views 1 comment Print

Gratuity Law Under New Labour Code: Analysis of Social Security Code, 2020

Corporate Law : The Social Security Code, 2020 extends gratuity benefits to fixed-term and gig workers, standardizes wage definitions, and mandate...

December 21, 2025 6168 Views 0 comment Print

Taxability of Gratuities Received By An Employee

Income Tax : Explains how gratuity exemptions differ for government, private, and Gratuity Act–covered employees. Key takeaway: exemption is ...

December 11, 2025 8826 Views 0 comment Print

Tax Treatment of Income from Salary in Brief

Income Tax : This guide breaks down the complete taxation of salary income in India—covering allowances, perquisites, retirement benefits, an...

October 18, 2025 343826 Views 42 comments 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 4026 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 6246 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 5094 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 19953 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 11709 Views 3 comments Print


Latest Judiciary


ITAT Deletes Addition Because Gratuity Payments Exceeded Interest Income

Income Tax : The Kolkata ITAT deleted an addition against an employees gratuity fund after finding that gratuity payments were higher than the ...

May 24, 2026 324 Views 0 comment Print

HR Manual Cannot Override Approved Gratuity Rules: Calcutta HC

Corporate Law : Court held that amended gratuity rules effective from July 2013 governed all employees uniformly and prevailed over inconsistent p...

May 19, 2026 381 Views 0 comment Print

Gratuity Deduction Can’t Be Denied for ITR–Audit Report Mismatch Without Verification

Income Tax : The Tribunal addressed disallowance arising from mismatch between ITR and tax audit report. It held that inadvertent reporting err...

April 20, 2026 3099 Views 0 comment Print

Mumbai ITAT Allows Gratuity, Performance Incentives & Foreign Tax Credit

Income Tax : ITAT Mumbai dismissed revenue's appeal against Thirumalai Chemicals, allowing gratuity, bad debts, and other expenses while also a...

August 14, 2025 492 Views 0 comment Print

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 1374 Views 0 comment Print


Latest Notifications


No Gratuity Cap under NPS for Civil Re-Employment After Military Service

Corporate Law : The government clarified that gratuity for civil service after re-employment will not be restricted by gratuity already received f...

December 26, 2025 618 Views 0 comment Print

No Gratuity Payable on Resignation Under NPS Rules Except in Specific Cases: DoPPW

Corporate Law : DoPPW clarifies that gratuity under CCS (Payment of Gratuity under NPS) Rules, 2021 is payable only upon retirement/absorption, no...

October 24, 2025 1953 Views 0 comment Print

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 13479 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 7743 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 80703 Views 8 comments Print


A Trainee Cannot Excluded from Definition of Term ‘Employee’ under Gratuity Act

November 2, 2020 17481 Views 0 comment Print

The issue under consideration is whether a trainee is excluded from the definition of the term ’employee’ under the Gratuity Act? A trainee is not excluded from the definition of the term ’employee’ under the Gratuity Act. What is excluded is an ‘apprentice’.

Salary – Tax Treatment of Gratuities

October 12, 2020 38445 Views 0 comment Print

The word ‘Gratuity’, has not been defined in the Income-Tax Act, 1961(the Act). In the absence of any definition of ‘Gratuity’ in the Act, its meaning as provided in the dictionaries has to be referred to. The word ‘Gratuity’ has been variously defined in the Advanced Law Lexicon by P.R. Aiyar. The aforesaid definition is to be found on page 2038 of Book – 2, 3rd Edition,2005,

Procedure of Approval of Gratuity Funds under Income Tax Act,1961

October 2, 2020 143856 Views 5 comments Print

Section 2(5) of the Income Tax Act, 1961 defines an ‘approved gratuity fund’ as ‘a gratuity fund which has been and continues to be approved by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner in accordance with the rules contained in Part C of the Fourth Schedule’. In order to get the […]

Taxability of Enhanced Gratuity received after retirement

August 15, 2020 98556 Views 6 comments Print

Gratuity is one of the retirement / separation dues paid to the employees. An employee becomes eligible for gratuity after rendering minimum service of 5 years in an organization (subject to certain exceptions) The exemption for gratuity from tax is covered under Sec 10(10) of income tax Act 1961. Any Gratuity received during service is […]

Formation of An Approved & Registered Gratuity Trust

June 5, 2020 88923 Views 20 comments Print

Indian and Multinational Companies form Gratuity Trust in terms of Part C of Fourth Schedule of IT Act, 1961 for getting tax benefits available under Section 36 (1) (v) & Section 10 (25) (iv) of the Income Tax Act, 1961. These 2 Tax Benefits Are Not Available To Companies, If They Make The Provision Of […]

Suspension of Labour Laws amid COVID-19

May 23, 2020 3111 Views 0 comment Print

With the aim to boost economy amid the lockdown due to emergence of COVID-19, several state governments have decided to suspend most of the labour laws in their respective state via ordinance. This has been done with an aim to give curb the effects of lockdown on Indian economy and provide employers with more flexibility […]

Section 4(5) of Gratuity Act Applies only when there are options

May 7, 2020 16827 Views 3 comments Print

Section 4(5) of the Gratuity Act applies only when there are options for the employee under the Act and under contract with employer: Supreme Court  APEX COURT DECISION IN THE MATTER OF BCH ELECTRIC LIMITED VS. PRADEEP MEHRA & ANOTHERS [CIVIL APPEAL NOS. 2379 TO 2382]  The Hon’ble Apex Court held that Section 4(5) of […]

SC on entitlelment of Gratuity U/s. 4(5) of Payment of Gratuity Act, 1972

April 29, 2020 32340 Views 0 comment Print

BCH Electric Limited Vs Pradeep Mehra (Supreme Court) In a notable judgment in the field of gratuity law, the Supreme Court held that Section 4(5) of the Payment of Gratuity Act, 1972 will apply only when there are alternative options for the employee under the Act and under the terms of contract with the employee. […]

Gratuity – Legal Provisions and Taxation

April 21, 2020 228555 Views 18 comments Print

ratuity is a reward for long and meritorious service. In 1972 the government passed the Payment of Gratuity Act that made it mandatory for all employers with more than 10 employees to pay gratuity. Gratuity shall be payable to an “employee” on the termination of his employment

State is employer under Gratuity Act for teachers/employees of aided educational institutions

March 6, 2020 18480 Views 0 comment Print

Chhattisgarh HC rules the State is liable for gratuity to teachers of aided institutions. Order dated 07.06.2013 challenged by educational institutions.

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