Hi,
The law say it clearly " Gratutity is paid to all such employees after their resignation or retirement.In case of resignation gratuity is paid to such employees who have completed 5 yrs of service".
The amount of gratuity may differ from management to management.( There is no celing on max amount to be given)
Calculation of Gratuitypayment as per IT Act.
Half the month Basic + DA(ie. consider last month salary)*no of years of service.
In order to make you understand better. Let me explain it with an illustration
Example: Mr A an employee completed 30 yrs and 10 months of service.And at the time of retirement he received rs.3,60,000 as gratuity and his Last month basic + DA was Rs 18,000
18000/2 = 9000
For 31 years, it is 9000*31
= 2,79,000
But management paid 3,60,000 to this employee .
Exemption of Gratuity as per IT Act:
Amt of Gratuity as per Calculation or 3,50,000,which ever is less.
In this case.
Amount of Gratuity received 3,60,000
(-) Gratuity Exempted 2,79,000
Taxable Gratuity is 81,000
This amt of taxable gratuity rs 81,000 will be added to his total salary in form 16.
Guess this would give you better understanding of Gratuity.
Thanks & Regards
Jai
HR Manager
9963692016