TaxTMI 
TaxTMI 
Exemptions for Retrenchment Compensation - (New) Section 19 / (Old) Section 10(10B)
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....¢ (a) compensation received; • (b) amount calculated as per provisions of section 25F(b) of the Industrial Disputes Act, 1947; • No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to • Average Wage x 15/26 x Completed Years of Service or any part thereof in excess of six months. [ Section 25F(b) of the Industrial Disputes Act, 1947 ] • (c) Amount notified by the Central Government (i.e. 5,00,000/-) . (b) Any compensation received is in accordance with any scheme which ....
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....er" and "workman" shall have the same meanings as respectively assigned to them in the Industrial Disputes Act, 1947; • "Employer" means • (i) in relation to an industry carried on by or under the authority of any department of 9[the Central Government or a State Government], the authority prescribed in this behalf, or where no authority is prescribed, the head of the department; • (ii) in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority; [ Section 2(g) of Industrial Dispute Act, 1947 ] • "Workman" means • any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled....
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....p;[ Upto 31.03.2026 ] Manner of computation of Exemption (a) In case of Retrenchment Compensation received by an workman under any scheme which is approved by the Central Government Amount of Exemption - Entire Amount (b) any compensation received by a workman at the time of his retrenchment the • under the Industrial Disputes Act, 1947, or • under any other Act or Rules, orders or notifications issued thereunder or • under any standing orders or • under any award, contract of service or otherwise, Amount exempted shall be least of the Following amount • (i) Actual amount received or • (ii) an amount calculated in ....
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....mployer is, under the terms of such transfer or otherwise, legally not liable to pay to the workman, in the event of his retrenchment, • compensation on the basis that his service has been continuous and has not been interrupted by the transfer; • (c) the expressions "employer" and "workman" shall have the same meanings as in the Industrial Disputes Act, 1947; • "Employer" means • (i) in relation to an industry carried on by or under the authority of any department of 9[the Central Government or a State Government], the authority prescribed in this behalf, or where no authority is prescribed, the head of the department; • (ii) in relation to an industry carried on by or o....
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....eived in excess of the aforesaid limit is taxable and would form part of Gross Salary. However assessee will be eligible for relief u/s 89 read with Rule 21A according to manner specified. Important Case Laws • Where the assessee received certain amount as Ex-gratia as result of out of court settlement of dispute with his employer and his services is terminated immediately thereafter, such an arrangement is nothing but termination of employment on payment of compensation and the assessee is entitled for exemption u/s 10(10B). [ Vishnu Mohan T Nair v. ITO 2018 (1) TMI 324 - ITAT Ahmedabad ] • The Tribunal found from the material on record that the BSNL VRS-2019 scheme was framed pursuant to the Gov....