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Income
under the head of Salaries :
Compensation
received at the time of voluntary retirement [Section 10 (10C) ]of
the Income Tax Act
- Compensation
received at the time of voluntary retirement is exempt from tax
on fulfilling certain laid down conditions The guideline for this
section have been laid down in Rule 2BA and the same are as under
- The
employee availing voluntary retirement should have completed 10
years of service or completed 40 years of age.
- The
voluntary retirement scheme should apply to all employees including
workers and executives, except the directors of a company.
- The
scheme of voluntary retirement should be drawn to result in overall
reduction in the existing strength of the employees.
- The
vacnacy caused by voluntary retirement is not filled up and the
retiring employee is not employed in another company or concern
belonging to the same management.
- The
amount of voluntary retirement of the employee should not exceed
the amount equivalent to three months salary for each completed
year of service or monthly emoluments at the time of retirement
by the balance months of service left at the time of his retirement.
- In
the case of a public sector company the voluntary retirement scheme
should be framed as per the prescribed guidelines as mentioned
above.
- In
the case of any other company the voluntary retirement scheme
should be framed as per the prescribed guidelines and such schemes
must be approved by the Chief Commissioner. The maximum amount
of exemption available to the employees under the voluntary retirement
scheme is limited to Rs. 5,00,000/-. (Rs. Five Hundred Thousand
)
- When
an employee has availed an exemption on account of compensation
received u/s 10(10C) for any assessment year no other exemption
shall be allowed to him in relation to any other assessment year.
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