Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

ITAT Agra Grants Full Leave Encashment Relief Citing Updated ₹25 Lakh Cap

Case Law Details

TaxGuru Citation
2025 taxguru.in 12662
Case Name
Vijay Kumar Jain Vs ITO (ITAT Agra)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2019-20
Advertisement

Vijay Kumar Jain Vs ITO (ITAT Agra)

The Income Tax Appellate Tribunal (ITAT), Agra Bench, decided two connected appeals involving a common legal issue regarding the exemption limit for leave encashment under Section 10(10AA)(ii) of the Income-tax Act for Assessment Years 2019-20 and 2020-21. In ITA No. 175/Agr/2022, the assessee, a retiree from the State Bank of India, received leave encashment of ₹7,51,755 and claimed full exemption while filing the return. The claim was initially accepted during processing. However, the Centralized Processing Centre later passed a rectification order under Section 154, restricting the exemption to ₹3,00,000 on the ground that the assessee was not a Central or State Government employee, applying CBDT Notification dated 31.05.2002 which had prescribed a ₹3,00,000 limit. The Commissioner (Appeals) upheld the rectification.

The Tribunal examined decisions of the Jaipur Bench of the ITAT. In Ram Charan Gupta (order dated 27.06.2023), the Jaipur Bench considered the Delhi High Court’s prima facie observations in Kamal Kumar Kalia regarding the absence of any revision to the exemption limit since 1998 despite increases in pay scales. The Jaipur Bench relied on CBDT Notification No. 31/2023, issued by the Ministry of Finance, which revised the exemption limit for leave encashment to ₹25,00,000. In that case, the Tribunal held that the assessee was entitled to exemption within the revised limit. A similar view was followed in Govind Chhatwani (order dated 31.10.2023), where leave encashment exceeding ₹3,00,000 was treated as exempt in view of the enhanced limit.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 21,146

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Comments are closed.