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2023 (5) TMI 691 - AT - Income TaxExemption u/s 10(10AA) - Eligible amount of exemption - eligibility of leave encashment exemption to the highest paid employee in the central government - assessee contended that leave encashment amount received at the time of retirement is exempt from tax to the extent of eligibility of leave encashment exemption to the highest paid employee in the central government - HELD THAT:- As not disputed that the CBDT has not issued the notification for increase in the limit and even in the case stated herein in KAMAL KUMAR KALIA & ORS. [2019 (11) TMI 1143 - DELHI HIGH COURT] has issued a notice in the matter to the Union of India. In the light of these facts and prayer of the assessee that even the Hon’ble Finance Minister while giving the speech in the budget indicated in the increase in the limit but the relevant notification/clarification yet not received the bench feels that if the CBDT issue the notification and revise the limit in that case the assessee may seek the relief based on that future events but presently considering the fact that the relevant limit is fixed at Rs. 3,00,000/- for which there is already relief granted to the assessee considering the present provision read with the notification. Based on these observations we are of the view that if the limit fixed in 2002 revised, consequent to the directions or the proceedings before the Hon’ble Delhi High Court or the CBDT revise the limit then in that situation the assessee may approach the jurisdictional AO for taking the benefit of increase in limit but presently considering the fact that in the absence of the relevant notification benefit cannot be granted to the assessee more than Rs. 3 lacs. Based on these observations the appeal of the assessee is disposed off.
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