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N Garg   10 March 2019

Gratuity & leaves taxation when company is acquired...

Our company was acquired. Our first company settled entire leave enchasement and Gratuity. My employement with first company was around 3 years only. In full and final statement they gave provisional tax calculation, where they showed 3L exemption for leaves encashment but nil for gratuity. Entire gratuity was taxed. I understand this rule exists for resigning before ~5 yrs period, but in this case company was sold and purchased. My 2 questions are: Leave Encashment is once in lifetime limit or upon every employment resignation ? Is they any way I can save tax on gratuity money paid out to me. It is mentioned as Ex-Gratia in statement.


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 1 Replies

Rashi Chandok   16 March 2019

Hello Sir, 

Leave Encashment limit from exemption from tax of Rs. 3,00,000 is for a lifetime but one can encash leaves every time they resign until they reach the limit.


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