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Microlesson · 5-min read

Gratuity – Taxability and Exemption [Section 10(10)]

## Gratuity – Meaning

Gratuity is a lump-sum payment made by the employer to an employee in appreciation of past services, usually at the time of retirement, resignation, or death.

## Taxability Map

Stage / Type of EmployeeTreatment
Gratuity received during the course of employmentFully Taxable
At retirement – Government EmployeeFully Exempt
At retirement – Employee covered under Payment of Gratuity Act, 1972Partially Exempt (formula below)
At retirement – Employee not covered under PGAPartially Exempt (different formula)

## A. Employee covered under Payment of Gratuity Act, 1972

Exemption = Lower of:

1. Actual Gratuity received

2. 15/26 × Salary p.m. × Number of completed years of service

3. ₹20,00,000

Notes:

  • Salary = Last drawn Basic + DA (whether forming part of retirement benefits or not – both DAs)
  • Fraction of a year > 6 months → rounded up; ≤ 6 months → ignored (e.g., 26 yrs 9 m = 27 yrs).

## B. Employee NOT covered under PGA

Exemption = Lower of:

1. Actual Gratuity received

2. 1/2 × Average Salary p.m. × Number of completed years of service

3. ₹20,00,000

Notes:

  • Salary = Basic + DA(forming part) + CT.
  • Average = average of the preceding 10 months ending on the date of retirement.
  • Only completed years counted – any fraction is ignored (e.g., 26 yrs 9 m = 26 yrs).

## Important Cumulative Limit – ₹20,00,000

The ₹20,00,000 lifetime exemption is the aggregate across all employers. Any exemption claimed in earlier years from a previous employer reduces the limit available with the current employer.

Worked example

### Example 1

Example A (Covered by PGA): Last drawn Basic = ₹50,000, DA = ₹20,000 (full); service 27 yrs 4 m; gratuity received ₹15,00,000. Salary = 70,000. Service years = 27 (4 m < 6 → ignored). Exemption = lower of (15,00,000; 15/26 × 70,000 × 27 = 10,90,385; 20,00,000) = ₹10,90,385. Taxable Gratuity = ₹4,09,615.

### Example 2

Example B (Not covered by PGA): Avg Basic last 10 m ₹40,000, DA(forming part) ₹10,000, CT ₹5,000; service 26 yrs 9 m; gratuity ₹12,00,000. Salary p.m. = 55,000. Service = 26 yrs (9 m ignored). Exemption = lower of (12,00,000; 1/2 × 55,000 × 26 = 7,15,000; 20,00,000) = ₹7,15,000. Taxable = ₹4,85,000.

⚠️ Common exam mistakes

  • Using 15/30 instead of 15/26 in the PGA formula – the divisor is 26 (working days per month).
  • Rounding off service years for 'Not covered by PGA' cases – fractions must be ignored, not rounded.
  • Including the entire DA in 'Salary' for non-PGA employees – only DA forming part of retirement benefits is included.
  • Forgetting to reduce the ₹20,00,000 lifetime cap by exemption already claimed from a previous employer.
  • Treating gratuity received during continuation of service as exempt – it is fully taxable.
Bare-Act text Section 10(10) · Income-tax Act, 1961 · click to expand
Section 10(10) – (i) any death-cum-retirement gratuity received under the revised Pension Rules of the Central Government… (ii) any gratuity received under the Payment of Gratuity Act, 1972, to the extent it does not exceed an amount calculated in accordance with the provisions of sub-sections (2) and (3) of section 4 of that Act; (iii) any other gratuity received by an employee on his retirement or on his becoming incapacitated prior to such retirement, or on termination of his employment… to the extent it does not exceed one-half month's salary for each year of completed service, calculated on the basis of the average salary for the ten months immediately preceding the month in which any such event occurs, subject to such limit as the Central Government may, by notification, specify.
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