Case Law Details
Kamal Kumar Kalia & Ors Vs Union of India & Ors. (Delhi High Court)
The issue under consideration is whether the assessee being employee of Public Sector Undertaking (PSU) and Nationalised Banks treated as government employee for the purpose of exemption u/s 10(10AA)(i)?
High Court state that the grievance of the petitioners is that on one hand, the retired employees from the Public Sector Undertaking and Nationalised Banks are discriminated against vis-a-vis the Central Government and State Government employees, on the other hand, the limit for exemption has remained static and has not been enhanced since 1998, even though, multiple Pay Commissions have come into force and have been implemented/adopted since then, even in respect of Public Sector Undertakings and Nationalised Banks. So far as the challenge to provisions of Section 10 (10AA) of the Act on the ground of discrimination is concerned, we are of the view that there is no merit therein. This is for the reason that employees of the Central Government and State Government form a distinct class and the classification is reasonable having nexus with the object sought to be achieved. The Central Government and State Government employees enjoy a “status” and they are governed by different terms and conditions of the employment. Merely because Public Sector Undertaking and Nationalised Banks are considered as “State” under Article 12 of the Constitution of India for the purpose of entrainment of proceedings under Article 226 of the Constitution and for enforcement of fundamental right under the Constitution, it does not follow that the employees of such Public Sector Undertaking, Nationalised Banks or other institutions which are classified as “State” assume the status of Central Government and State Government employees. It has been held in multiple decisions that employees of Public Sector Undertakings are not at par with government servants. HC therefore, reject the present petition, insofar as the petitioners challenge to the provisions of Section 10 (10AA) is concerned.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
1. The petitioner has preferred the present writ petition to seek the following reliefs:
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I also heard some bank employees got full exemption on leave encashment in 2021. Similarly it should be applicable to LIC employees also
But notification in this regards is not traceable any where
can some one help in this regards
The Government should respond positively to the grievance of PSU/other employees and raise the exemption limit retrospectively.
It is a open joke that bankers are not treated eligible as equal to government employees for amount they received at the time of their retirement in term leave encashment.
Retired from Bank of Baroda as on 30.06.2021 and bank had deducted TDS over the amount of 3 lac(exempted)
Can I claim refund of TDS deducted by the bank over the amount of encashment~
NO. You will need to file IT return and claim refund. I did and got back TDS refund as per Rules
Retired from Bank of Baroda as on 31.12.2019 and bank had deducted TDS over the amount of 3 lac(exempted)
Can I claim refund of TDS deducted by the bank over the amount of encashment~
All of us sent representation to a Finance Minister stating the following.
We are not question the salary, allowances and facilities offered to govt employees.
Leave enhancement amount calculated for eight months as per last pay drawn for all govt and non- govt employees.
In such a case, why Bank and PSU employees leave encashment capped at 3.00 Lacs for tax payment since 2002 and Govt employees leave encashment capped at 25.00 lacs for tax payment.
We all request and sent mail to Finance Minister to remove this grievance.
R.sir, any development in this case. I have also retired from a nationalised bank and I have received leave encashment as Rs 765514/-. Can I claim full tax exemption on this amount. Regards, Ashutosh Gupta.
I have retired from SBI on 31 may2021 l received encashment of leave amount rs 1015212/_at the time of retirement but bank give me exemption of rs 300000 only and deduct TDS on remaining amount whether l am eligible to get full amount as exemption as govt employees get
I have retired from SBI on 31 may2021 l have teceived
Retired from Bank of Baroda as on 31.12.2019 and bank had deducted TDS over the amount of 3 lac(exempted)
Can I claim refund of TDS deducted by the bank over the amount of encashment~
Retired from SBI as on 31.12.2019 and bank had deducted TDS over the amount of 3 lac(exempted)
Can I claim refund of TDS deducted by the bank over the amount of encashment~
Please advise me the time limit within which banks are legally bound to pay leave encashment on retirement in banks ,if not paid then bound to pay interest @interest on fd
I have retained from iob bank 30.06.2020&got leave encashment R’s. 700000 less on total R’s. 300000&rest amt. Deduct tds can I apply for refund
I came to know from hearsay that some of the PSU Bank employees have received refund of tax paid on leave encashment at the time of retirement, as the tax is fully exempt on leave encashment. However, I am unable to get the refund order from IT. Could someone please clarify the matter and how to claim the refund on leave encashment as the filing of revised return is already over.
Is there any further development in this case? A lot of Bank employees are getting refund of TDS on leave encashment at the time of retirement over and above the exemption limit of 300000/-. Hope somebody will give a reply since a lot of questions above seems to be unanswered.
Please intimate current exemption limit for income tax on leave encashment payment for LIC employees who are also coming under psu
PLEASE provide the latest about Tax exemption on leave encashment on retirement to Public Sector Banks employees
WHAT IS THE POSITION OF THE CASE AND DEPARTMENT STAND IN THE ISSUE. OF UPWARD REVISION OF THE EXEMPTION LIMIT? WHETHER ANY HEARING TOOK PLACE ON 26 4 2021
Govt servant & PSU employees are differentiated in this regard.
But they are equal with regard to election duty.What a paradox!
I have got retired from the EOBC Bank on 31.07.2019. The bank deducted TDS on leave encashment over rs . 3 Lakh paid to me in the month of August 2019. Can I apply for refund ?
WHENEVER NEEDED GOVT DECLARE PSU employees MORE Particularly bank Employees as PUBLIC servant then why no declaration in I T ACT
Sir what is the present status now after issuing the notice.
Is this verdict applicable to UP also.
Thanks and regards
I was retired on 30.11.2017 from The Oriental Insurance Co Ltd ( PSU Govt of India). The leave encashment amount was paid to me in the FY 2019 – 20. Am I eligible for refund of Income tax deducted on my leave encashment paid to me on superannuation.
Sir, I was retired on 31.01.2018 due to superannuation from a psu of central Government. Now, is there any chance to claim to refund the amount from I.T. department which was deducted on my leave encasement I.e. on more than
Rs.3,00000 (three lakhs).
With regards.
Retired from SBI as on 31.12.2019 and bank had deducted TDS over the amount of 3 lac(exempted)
Can I claim refund of TDS deducted by the bank over the amount of encashment~
I retired from State bank on 31.01.2020. Income tax was deducted on leave encashment amtvabove 3 lakhs. Now can I claim refund by filing revised return
I retired from Canara Bank on superannuation on 30.06.2019. Tds was deducted by Bank over Rs. 3.00 lac in case of leave encashment. Wheather shall I modify IT return for fy 2019-20 and show the full amount of leave encashment as exempted . Kindly guide only 1 day left to modify the IT Return.
Regards
IS THERE ANY NOTIFICATION REGARDING THIS ISSUE
i am a retired employee of SCOPE, AN APEX BODY OF PSU AND REGISTERED UNDER SOCIETY ACT. IS full LEAVE EANCASHMENT exemption benefit applicable on my superannuation amount ?
Whether Bank Retiree is eligible to get Income Tax rebate upto 3 Lakhs or full amount of Leave Encashment ?
Leave encashment
There is Whatsaap messages that CBDT has issued positive direction in this case. Is it true that PSU bank employees are treated at Par in this case of leave encasement.
I heard that the benefit of total exemption of tax on leave encashment on retirement is extended to PSU employees via an amendment in July 2020,. Is it true, p
I agree leave encashment pertaining to Govt or non Govt employee should attract the same income tax rate.Taxing a retired employee so heavily is not justified and also we get the feeling that we are not getting equal treatment fundamentally.
Leave encashment on retirement is fully exempted or not
Please clarify me.yhanks in advance
Leave encashment on retirement is fully exempted or not in psu bank.
Please clarify me.yhanks in advance
To remove this partiality,we shall have to represent the Central Government to amend the Income-tax rule to consider our representation in regards to income tax leviable on payment of leave incashment at par with State/Central Government or to extend the limit of exemption from 3.00 lacs to 15.00Lacs.Pl.keep informed through email.Thanks
In reference to the case of leave encashment at Delhi High court decision dated 00/11/2019 and with the direction of notice issued to the parties for counter affidavit to be listed on 04/05/2020 but the present status not known. Going trough the case I found that it is not being argued well and the case is filed without knowing the facts and reasoning and justification of exemption of leave encashment on superannuation/retirement and argument gone on different line on the services of govt employees and public sectors as well as private sectors and deviated from the retirement benefit of leave encashment limit exemption from income tax. Following points to be noted for justification and reasoning to enhance the limit of leave encashment :-
1. The last notification for limit of leave encashment for income tax exemption for PSU and others was issued in the year 2002 and afterwards there was no notification was issued. The question is that why there was no notification was issued since last 18 years and no body raised the issue with ministry or income tax authorities. As we know that working class has no voice as well not aware of the notification and onwards in absence of notifications and the issue was not raised on appropriate forum, it was presumed that govt. has not increased the leave encashment limit for other than govt employees.
2. It is established law/relief that the retirement/superannuation benefit are fully exempted in case of govt servents. For example Gratuity is exempted upto 20 lakhs as govt employee could not get above 20 lakhs. Therefore it was decided to extend the same benefit to employees other than govt employees whether they are PSU or Private sector. Thus the gratuity is taxable above 20 lakhs as amount of Gratuity may go beyond in PSU and private sector.
3. As the retirement benefits are fully exempted in case of govt employees therefore the leave encashment are fully exempted. For extending the same benefit of leave encashment upto 8 months to other than govt employees, the govt issues the notification of exemption limit through notification.
4. Now I will highlight and discuss that what was the basis of arriving the limit of exemption. The highest scale of govt employee is of cabinet secretary means he is the highest paid employee of govt. Service and upto that amount /limit was the benchmark for extending the benefit to other than govt employees from exemption of income tax and therefore the govt issues the notification upto that limit other than govt employees.
5. Unfortunately there was no notification issued since 2002 as no one raised the concern issue and it was supposed that govt is not enhancing the limit other than govt employees. Now it is transpired that the govt has not issued the notification inadvertently and in absence of the demand or attention was not drawn of the govt for the same. Now the matter is being persued and we can claim the exemption of income tax upto the salary of cabinet secretary.
The clarification may be sought from Sri M C Gupta who is crusader in this matter.
But income tax authorities refusing to give refund for the tax claimed on excess amount above Rs. 3.00 lacs. This anamoly exists since 2002 between govt and non- govt employees.
All will give representation to Finance Minister stating the following.
Eight months leave encashment calculated on last pay drawn for all sectors of employees.
Bank and PSU employees leave encashment is capped at Rs.3.00 lacs for tax deduction since 2002
But central and state govt employees leave encashment capped at Rs. 25.00 lacs for tax deduction in 2006 and 2016.
We are not question salary, allowances and other facilities offered to govt. Employees during their service.
We need same treatment for all after retirement and leave encashment exemption limit for bank and PSU employees also raised at par with govt employees.
But income tax authorities refusing to give refund for the tax claimed on excess amount above Rs. 3.00 lacs. This anamoly exists since 2002 between govt and non- govt employees.
All will sent representation to Finance Minister stating the following.
Eight months leave encashment calculated on last pay drawn for all sectors of employees.
Bank and PSU employees leave encashment is capped at Rs.3.00 lacs for tax deduction since 2002 But central and state govt employees leave encashment capped at Rs. 25.00 lacs for tax deduction in 2006 and 2016.
We are not question salary, allowances and other facilities offered to govt. Employees during their service. We need same treatment for all after retirement and leave encashment exemption limit for bank and PSU employees also raised at par with govt employees.
Dear sir,
Is there any further development like challaging the Delhi High Court’s decision in Supreme Court?
Kindly advise.
Thanks.
The question to be seen is not as to distinguish between a Govt. servant and a non govt servant. Tha concept salary or allowances shall attract the same treatment under IT Laws whether earned by a govt. Employee or by a non govt employee. Let the State grant other benefit to a govt servant making it non taxable. But leave encashment per se to a Govt Employee or a non govt employee has to be treated at par, lest it is discriminatory in the eyes of law.
Bank employee tax exemption on retirement for leave encashment ciling amount how much
Pl inform the status of the exemption of leave encashment for retired employees of nationalised banks
Pl inform the exemption limit of leave encashment on retired employees of nationalised banks
One nation one country. One ration card for everyone. One Health Card through out the country but different tax rates for retired people. Different gratuity for GOVT EMPLOYEES and PSUs. Government may consider.
How politicians MP/MLAs can be eligible for regular pension and they not consider under NPS ? How they can pass the law which can be beneficial for them and we are spending our total life for service then ever we have to face such different article. Banker’s working under PSU are also participate in the social revolution for improving the standard of living of common men through different schemes launched by government. Eg Sukanya, PMJDY, PMSBY, PMJBY, Mudra, education loan, MSME, Crop loan etc then how we can be ignore?
THIS IS A JUDGEMENT GIVEN BY DELHI HIGH COURT AND NOT BU SUPREME COURT. SO IT WILL BE NOT APPLICABLE IN OTHER STATES.