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        Example:-X retires from B Ltd. on 31st July, 2014. He gets pension of ₹ 1,000 per month up to 31st December, 2014. W.e.f 1st January, 2015 he gets 60% of pension commuted for ₹ 1,70,000. Does it make any difference if he also receives gratuity of ₹ 3,000 at the time of retirement?

        10 August, 2015

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        Chapter No. 04 - Salary - Pension - [Sec. 10(10A)]

        . In case of a non-government employee while uncommuted pension is fully chargeable to tax, commuted pension is partly chargeable to tax and partly exempt from tax.

        Amount of taxable pension will be computed as under:

        UNCOMMUTED PENSION

         From 31st July 2014 to 31st December 2014 (1,000 x 5)                                            ₹ 5,000

        From 1st January 2015 to 31st March 2015 (1,000 x .4 x 3)                                        ₹ 1,200

        Total uncommuted pension chargeable to tax as salary                                           ₹ 6,200

        COMMUTED PENSION

        Commuted value of 60%                                                                                            ₹ 1,70,000

        Commuted value of full pension (100/60 x 1,70,000)                                                ₹ 2,83,333

        If X does not receive gratuity

        Amount exempt (1/2 of commuted value of full pension) (1/2 x 2,83,333)              ₹ 1,41,667

        Commuted pension chargeable to tax as salary (1,70,000 – 1,41,667)                    ₹ 28,333

         If X receives gratuity

        Amount exempt (1/3 of commuted value of full pension) (1/3 x 2,83,333)              ₹ 94,444

        Commuted pension chargeable to tax as salary (1,70,000 – 94,444)                       ₹ 75,556

         

        Commuted pension tax treatment: part exempt, part taxable; exemption reduced where gratuity is received. Uncommuted pension is fully taxable as salary; commuted pension is partly exempt and partly taxable. Compute a notional full pension value from the commuted payment and apply an exemption fraction: if no gratuity is received, one half of the notional full pension value is exempt; if gratuity is received, one third is exempt. The remainder of the commuted payment is chargeable to tax as salary and must be added to taxable uncommuted pension to determine total taxable pension income.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Commuted pension tax treatment: part exempt, part taxable; exemption reduced where gratuity is received.

                              Uncommuted pension is fully taxable as salary; commuted pension is partly exempt and partly taxable. Compute a notional full pension value from the commuted payment and apply an exemption fraction: if no gratuity is received, one half of the notional full pension value is exempt; if gratuity is received, one third is exempt. The remainder of the commuted payment is chargeable to tax as salary and must be added to taxable uncommuted pension to determine total taxable pension income.





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