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R P Yadav | Answer |Ask -Follow

HR, Workspace Expert - Answered on Apr 22, 2024

R P Yadav is the founder, chairman and managing director of Genius Consultants Limited, a 30-year-old human resources solutions company.
Over the years, he has been the recipient of numerous awards including the Lifetime Achievement Award from World HR Congress and HR Person Of The Year from Public Relations Council of India.
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Question by C on Jul 22, 2023Hindi

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Career

Sir, after a service of 32 years I retired in July 2008. i received the gratuity amount of Rs 3.5 lacs on that day . recently I came to know that the gratuity rules revised wef Jan 2007 to Rs 10 lacs .Am I eligible to get revised amount now after gap of 15 years . I am not getting any favorable reply from my company

Ans: Hi,
I understand your concern. You have not mentioned the profession and the industry you have been into. The Act was amended in 2007. However, the amendment in 2007 was mainly to extend the benefits of gratuity to teachers.

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Question by Balraj.H.S - Dec 21, 2020Hindi

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I have retired from service 31st Oct-2019. My company was covered under payment of gratuity act 1972. I have received Rs 1876910/- My company has mentioned Rs 911642/- as tax exemption and the remaining amount was taxed. I have cross checked with the exemption limit using income tax gratuity tax calculator. it shows my tax exemption limit as Rs 1051895/-. My employer says you are not paid as per gratuity payment act. The company is covered under the act. I do not know other provisions of my company if any. Please advise me the method of calculation

Ans: As per the latest amendment to Gratuity act 1972, least of the following is exempt from tax:

Actual Gratuity received
Rs. 20,00,000 (which has been hiked from Rs. 10 Lakh as per the amendment)
Last salary (basic + DA)* number of years of employment* 15/26

We suggest computing as per above provision and claim tax exemption.

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Question by Muthu - May 05, 2023Hindi

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Career

I worked for a Social service organization from 1/9/92 to 31/7/98 I was not aware of gratuity rules.My salary was too low from 92 and slowly revised on 98. Can i claim gratuity. The organization exist,but staff changed.No deafness allowance. Can iclaim if possible.What s latest amendment and how to proceed

Ans: Hi Muthu
Gratuity is applicable even for employees of NGO and hence you would be eligible to get gratuity. However, i do not know if you have never claimed it over so many years, would you be eligible to claim it now. I would suggest that you speak with a lawyer practicing in this domain

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Question by C - Jul 14, 2023Hindi

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Career

Sir, After a service period of 33 years I retired in 2008 July. On retirement I received Gratuity amount of Rs. 3.5 lacs as per the rules, on that date. I came to know the gratuity amount was revised to Rs. 10 lacs wef. 1/1/2007. Sir am I eligible for the revised amount now.

Ans: The revised amount is for tax exemption. The gratuity is calculated based on your last drawn basic salary

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