krish_pradeep
Hi, I've resigned from my current organization and am eligible for Gratuity. This is the first time in life I am receiving gratuity and the amount recieving is below 2 lakhs. The leave encashment amount I am receiving is below 3 lakhs. I have read that these 2 are exempted from tax. The company has decided that they will not be exempting gratuity and leave encashment from tax, since they will not be knowing my history and future with respect to these two. They have provided me the F&F doing a TDS for these and is waiting for my approval. My questions are 1. Can I get a refund of this while filing the returns for 2009-2010. 2. In that case, under what head is gratuity & leave encashment considered. 3. What all documents are required from the employer for getting the tax refund on these two. How must these amounts be mentioned in the respective documents. Thanks in advance

malikjs
167

dear if you have got gratuity as per provisions of gratuity act than it is not taxable but leave encashment is taxable. regards jsmalik
From India, Delhi
krish_pradeep
Thanks for correcting me w.r.t leave encashment. In case of Gratuity, if tax is deducted as TDS, what all documents are required for from employer for getting a refund of the same while filing the returns. Thanks.

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