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Microlesson · 5-min read

Retrenchment compensation [Section 10(10B)]

## Retrenchment Compensation [Section 10(10B)]

### Exemption — lower of three

The lowest of the following is exempt:

1. 15 days' average pay × completed years of service (a part of a year exceeding 6 months counts as a full year)

2. Statutory limit of ₹5,00,000 (as notified by the Central Government)

3. Actual amount received

Special case: these limits do not apply if compensation is paid under a scheme approved by the Central Government for the special protection of workers — then the whole amount is exempt.

### Average pay computation (average of wages payable to the workman)

  • Monthly paid: average of the last 3 complete calendar months
  • Weekly paid: average of the last 4 calendar weeks
  • Daily paid: average of the last 12 full working weeks
  • Computed for the period preceding the date on which average pay becomes payable; if the full period was not worked, base it on actual days worked.

### Wages — include vs exclude

Include: all remuneration expressible in money — allowances (including D.A.), value of house accommodation/utilities/amenities or concessional food, travel concessions, sale-related commissions.

Exclude: bonuses, contributions to retirement benefit schemes, gratuity payable on termination.

### Regime

Exemption under Section 10(10B) is available irrespective of the tax regime.

⚠️ Common exam mistakes

  • Counting a part-year of 6 months or less as a completed year — only a part exceeding 6 months rounds up.
  • Including bonuses, gratuity or retirement-scheme contributions in 'wages' for average pay.
  • Applying the ₹5,00,000 ceiling even to compensation under a Central-Government-approved special-protection scheme (where no limit applies).
  • Using the wrong averaging window for monthly/weekly/daily paid workers.
Bare-Act text Section 10(10B) · Income-tax Act, 1961 · click to expand
Any compensation received by a workman under the Industrial Disputes Act, 1947, or any other Act/rules/award/contract, at the time of retrenchment, is exempt to the extent of the lower of: an amount calculated at 15 days' average pay for every completed year of continuous service or part thereof in excess of six months; or the amount notified by the Central Government (Rs. 5,00,000). This limit does not apply where compensation is paid under a scheme approved by the Central Government for giving special protection to workmen.
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