Page 96 - IC23 life insurance application
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THE EMPLOYER
1) In term of Section 36 (i) (v) any sum paid by an employer by way of contribution
towards approved gratuity fund is allowed as a deductible expense for the
purpose of computation of profits & gains of business or profession.
2) The ordinary annual contribution payable by the employer to a fund shall be
made on reasonable basis and shall not exceed 8 1/3% of the salary of each
employee.
THE TRUSTEES
The Interest income received by the Trustees on the investments belonging to
privately managed funds is exempt from tax. If the trustees have paid the
contribution to LIC as premium there is no question of Interest Income and tax relief
does not arise.
THE EMPLOYEE
(a) The Employer's contribution to the Gratuity Fund will not be regarded as Taxable
perquisites in the hands of the employees (This concession is given by the CBDT
in the form of a ruling)
b) In terms of Section 17 (i) (iii) any gratuity received by the employee is regarded
as a salary income and taxed as such. However Section 10 (10) provides relief
by granting partial exemption as detailed below.
1. Any gratuity received under the Payment of Gratuity Act 1972 and
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