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Income tax act rebate to psu employees u/s 10 (10) ii

(Querist) 07 January 2018 This query is : Resolved 
Sir
If a Govt. employee retires he receive full exemption of Leave encashment. A PSU employee receive rebate of Rs. 300000/- only as he is treated at par with PVT. Sector employee. During entire service he is called "Public servant" & has to perform all duties allocated by GOVT. like election duty, verification & remains under a ministry. Whether this was never taken up with CJI, GOVT. & others.
P. Venu (Expert) 07 January 2018
A PSU employee is not a "Public servant"; in other words, a Government employee and a PSU employee form two distinct classes.
Guest (Expert) 07 January 2018
CJI is not expected to issue directions to the executive without proof of injustice pointed out specifically by some litigant. So, why don't you file a PIL in the HC or the SC. That way, you would be able to know the views of the Government also during the hearings of your PIL.

Take some initiative at your own level to get the supposed injustice removed through the competent court of law, rather than asking here to the totally unconcerned experts.

Guest (Expert) 07 January 2018
Sorry to differ with the views of Shri P.Venu.

Any employee of any organization, whosoever is supposed to handle public dealings, is a public servant, may that organisation be the Government, Public sector or private organization, e.g., Telephone companies, Electric companies, Banks, Municipalities, Jal boards etc.

Tax implications are not based on distinction between public servant or a non-public servant.
Ms.Usha Kapoor (Expert) 08 January 2018
In respect of gratuity also he is given certain exemption or rebate. According to section (10)(10)(ii) calulations applicable to the members of the defence services ;
(10)(10)(ii)

) any gratuity received under the Payment of Gratuity Act, 1972 (39 of 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
83
of that Act shall be exempt.
Ms.Usha Kapoor (Expert) 08 January 2018
In respect of gratuity also he is given certain exemption or rebate. According to section (10)(10)(ii) calulations applicable to the members of the defence services ;
(10)(10)(ii)

) any gratuity received under the Payment of Gratuity Act, 1972 (39 of 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
83
of that Act shall be exempt.

Section (10) (10) OF it ACT SAYS ABOUT EXEMPTION OF gRATUITY.pLEASE CLICK THE FOLLOWING LINK FOR FURTHER INFORMATION ON THIS ISSUE.
https://finapp.co.in/section-10-10-income-tax-act/


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