The benefit paid under the office memorandum is not entitled to exemption in view of specific language of Section 10(10)(ii) of the Income Tax Act. SC

Payment of Gratuity (Amendment) Act, 2010 – the date of commencement fixed by the Executive in exercise of power delegated by the Amending Act cannot be treated to be retrospective as the benefit of higher gratuity is one-time available to the employees only after the commencement of the Amending Act. The benefit paid under the office memorandum is not entitled to exemption in view of specific language of Section 10(10)(ii) of the Income Tax Act. 

AUGUST 13, 2021

KRISHNA GOPAL TIWARY & ANR.  Vs  UNION OF INDIA & ORS.