Construcción del aporte práctico

fixed percentage of turnover.

5. ‘Average salary’ will be determined on the basis of the salary drawn during the period of ten months immediately preceding the date of his retirement whether on superannuation or otherwise.

Illustration 8

Mr. Gupta retired on 1.12.2006 after 20 years 10 months of service, receiving leave salary Rs 5,00,000. Other details of his salary income are:

Basic Salary :Rs.5,000 p.m. (Rs 1,000 was increased w.e.f. 1.4.06) Dearness Allowance :Rs.3,000 p.m. (60% of which is for retirement benefits) Commission :Rs.500 p.m.

Bonus : Rs.1,000 p.m.

Leave availed during service : 480 days He was entitled to 30 days leave every year

You are required to compute his taxable leave salary assuming:

(a) He is a government employee.

(b) He is a non government employee.

Solution

(a) He is a government employee.

Leave Salary received at the time of retirement Rs 5,00,000

Less : Exempt u/s 10(10AA) Rs 5,00,000

ˆ Taxable Leave salary Nil

(b) He is a non-government employee

Leave Salary received at the time of retirement Rs.5,00,000 Less : Exempt u/s 10(10AA) [note 1] Rs. 26,400

ˆ Taxable Leave Salary Rs.4,73,600

Note 1 : Exemption u/s 10(10AA) is least of the following :

(i) Leave salary received Rs.5,00,000

(ii) Statutory limit Rs.3,00,000

(iii) 10 months salary based on average salary of last 10 months

i.e. ⎥⎦⎤

(iv) Cash equivalent of leave standing at the credit of the employee based on the average salary of last 10 months (max. 30 days per year of service) Leave Due = Leave allowed – Leave taken

= ( 30 days per year × 20 years ) – 480 days

= 120 days

i.e. ⎥

(18) Retrenchment compensation [Section 10(10B)] - Retrenchment compensation will be exempt from tax subject to the following limits:

(a) Amount calculated in accordance with the provisions of Section 25F of the Industrial Disputes Act, 1947; or

(b) An amount, not less than Rs. 5,00,000 as may be notified by the Central Government in this behalf,

whichever is lower.

The retrenchment compensation for this purpose means the compensation paid under Industrial Disputes Act, 1947 or under any Act, Rule, Order or Notification issued under any law. It also includes compensation paid on transfer of employment u/s 25F or closing down of an undertaking u/s 25FF of the Industrial Disputes Act, 1947.

The above limits will not be applicable to cases where the compensation is paid under any scheme approved by the Central Government for giving special protection to workmen under certain circumstances.

Illustration 9

Mr. Garg received retrenchment compensation of Rs 10,00,000 after 30 years 4 months of service. At the time of retrenchment, he was drawing basic salary Rs.20,000 p.m.; dearness allowance Rs.5,000 p.m. Compute his taxable retrenchment compensation.

Solution

Retrenchment compensation received Rs.10,00,000 Less : Exempt u/s 10(10B) [Note 1] Rs. 4,32,692

ˆ Taxable retrenchment compensation Rs. 5,67,308 Note 1 : Exemption is to the extent of least of the following :

(i) Compensation actually received = Rs.10,00,000

(ii) Statutory Limit = Rs.5,00,000

(iii) Amount calculated in accordance with provisions of the Industrial Disputes Act, 1947

i.e

(19) Payments to Bhopal Gas Victims [Section 10(10BB)] - Any payment made to a person under Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 and any scheme framed thereunder will be fully exempt. However, payments made to any assessee in connection with Bhopal Gas Leak Disaster to the extent he has been allowed a deduction under the Act on account of any loss or damage caused to him by such disaster will not be exempted.

(20) Voluntary Retirement Receipts [Section 10(10C)] - Compensation received by an employee at the time of voluntary retirement is exempt from tax subject to the following conditions :

Eligible Undertakings - The employee of the following undertakings are eligible for exemption under this clause :

(i) Public sector company (ii) Any other company

(iii) An authority established under a Central/State or Provincial Act (iv) A local authority

(v) A co-operative society

(vi) An University established or incorporated under a Central/State or Provincial Act and an Institution declared to be an University by the University Grants Commission.

(vii) An Indian Institute of Technology

(viii) Such Institute of Management as the Central Government may, by notification in the Official Gazette, specify in this behalf

(ix) Any State Government (x) The Central Government

(xi) An institution, having importance throughout India or in any state or states, as the Central Government may specify by notification in the Official Gazette.

Limit : The maximum limit of exemption should not exceed Rs.5 lakhs.

Such compensation should be at the time of his voluntary retirement or termination of his service, in accordance with any scheme or schemes of voluntary retirement or, in the case of public sector company, a scheme of voluntary separation. The exemption will be available even if such compensation is received in installments.

The schemes should be framed in accordance with such guidelines, as may be prescribed and should include the criteria of economic viability.

Guidelines

Rule 2BA prescribes the guidelines for the purposes of the above clause. They are as follows:

1. It applies to an employee of the company or the authority, as the case may be, who has completed 10 years of service or completed 40 years of age.

However, this requirement is not applicable in case of an employee of a public sector company under the scheme of voluntary separation framed by the company.

2. It applies to all employees by whatever name called, including workers and executives of the company or the authority except directors of a company or a cooperative society.

3. The scheme of voluntary retirement or separation must have been drawn to result in overall reduction in the existing strength of the employees of a company or the authority or a cooperative society.

4. The vacancy caused by the voluntary retirement or separation must not be filled up.

5. The retiring employee of a company shall not be employed in another company or concern belonging to the same management.

6. The amount receivable on account of voluntary retirement or separation of the employee must not exceed the amount equivalent to three months’ salary for each completed year of service or salary at the time of retirement multiplied by the balance months of service left before the date of his retirement or superannuation.

Illustration 10

Mr. Dutta received voluntary retirement compensation of Rs 7,00,000 after 30 years 4 months of service. He still has 6 years of service left. At the time of voluntary retirement, he was drawing basic salary Rs 20,000 p.m.; Dearness allowance (which forms part of pay) Rs.5,000 p.m. Compute his taxable voluntary retirement compensation.

Solution

Voluntary retirement compensation received Rs.7,00,000 Less: Exempt u/s 10(10C) [Note 1] Rs.5,00,000

ˆ Taxable Retrenchment compensation Rs.2,00,000