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Dear Surendra Raj,

I appreciate your effort. As you mentioned, I went through section 4 of the Act, but unfortunately, section 4 does not serve my purpose. I need further clarification on this. Does the employer have to pay gratuity for the remaining years of service or not?

Thank you.

From India, Vadodara
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Dear Patel210,

As per my assumption, the employee has died on account of an employment injury. Otherwise, he would have continued in your organization. Though we can't assume how long he would have continued his service until retirement, if he is loyal to the organization. In my opinion, we should consider providing compensation similar to workman's compensation, covering his loss of capacity until his retirement age, considering the early period during his employment.

Anyhow, if your management does this, it may bring some comfort to the bereaved family as the head of the family is missed in their life.

From India, Secunderabad
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My query regarding 1 gratuity period calculation in case of death 2 taxable gratuity amount is still to be replied
From India, Jaipur
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Dear Mr. HR,

Your queries have been answered in the foregoing threads:

1. Gratuity period calculation in case of death: Period of service rendered. If you have an LIC policy, then as per the policy.

2. Taxable gratuity amount is still to be replied: See Section 10(10)(ii) of the Income Tax Act or consult your CA.

V K Gupta

From India, Panipat
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Dear,

In such a case that your organization has tied up with LIC at a later date, the deceased will be entitled to gratuity for the period of rendered service only. Many followers have mentioned the limit of gratuity as 3.5 lakhs or non-taxable up to 5 lakhs. But sirs, the gratuity limit has been raised to Rs. 10 Lakhs as of now. It is fully non-taxable.

Best wishes to all,

Arun Jain
HR Personnel
NCL, CIL

From India, New+Delhi
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From India, Vadodara
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Taxable gratuity amount only if exceeds Rs.10lakshs.Upto the amount non taxable.
From India, Secunderabad
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Dear, if any employee complies the 6 months of next year of service then one year to be considered.
From India, Pune
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Now the limitation has been enhanced to subject to the maximum of 10 lk. No tax on this. Mr Sachin ,can proceed for the actual completion of services with you. Regard Thilai.
From India, Madurai
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Dear All,

I would like to inform everyone that I have reviewed the Act and consulted with a consultant. Finally, I have received confirmation that organizations are liable to pay gratuity only for the completed years of service. I have followed the guidelines stated in the Act.

I am thankful to everyone for providing their valuable suggestions regarding the above query. I am looking forward to resolving any further queries through this forum.

Thanks again to everyone.

From India, Vadodara
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