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Rule 323Published

Rule 323: Assigning or charging interest in a gratuity fund

Rule 323 deals with assignment or charge of a beneficial interest in a gratuity fund. Rules 316 to 329 govern approved gratuity funds under Part B of Schedule XI to the Act. The Assessing Officer gives notice; if cancellation is not secured within two months of receipt, the consideration is deemed income of the tax year in which the fact became known to the Assessing Officer.

Official notified Income-tax Rules, 2026

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This article is for general information. Read the official Rules and applicable Act amendments, including the Taxation and Other Laws (Amendment) Act, 2026. If you need professional advice for your situation, contact Bizeneed.

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Bare law

Rule 323 - Assigning or creating a charge on beneficial interest in a gratuity fund

If an employee assigns or creates a charge upon his beneficial interest in a gratuity fund, the Assessing Officer shall give notice to the employee that if he does not secure the cancellation of the assignment or charge within two months of the date of receipt of the notice, the consideration received for such assignment or charge shall be deemed to be income received by him in the tax year in which the fact became known to the Assessing Officer and shall be assessed accordingly.

Rule breakdown

Steps

AO notice.

Two months to secure cancellation.

Otherwise consideration is deemed income.

Key takeaways

Two months

Window to cancel.

Deemed income

If not cancelled.

Parallel

Rules 295 and 310.

Practical checklist

  • Cancel promptly.

Avoid

  • Do not assign your gratuity interest.

FAQs

What is the time limit?

Two months from receipt of notice (Rule 323).

What is taxed?

The consideration received.

Which year?

The year the fact became known to the AO.

Glossary

Charge
Security over the beneficial interest.
Beneficial interest
Employee's interest in the fund.

Official sources