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Section 10(10AA) of the Income Tax Act provides tax exemption ...


Tax Tribunal Dismisses Local Authority Appeal; Enforces Rs. 3 Lakh Leave Encashment Exemption for Non-Gov Employees.

November 23, 2024

Case Laws     Income Tax     AT

Section 10(10AA) of the Income Tax Act provides tax exemption for leave encashment upon retirement for Central/State government employees and employees other than Central/State government employees, subject to different limits. Section 10CC includes all individual employees deriving income other than by way of monies, irrespective of the category of employers. Leave encashment, retirement benefits, and perquisites received by employees are governed by Sections 10(10AA), 10C, and 10CC respectively. Local authorities like municipal corporations, panchayats, and cantonment boards are distinct from State and Central governments under the Income Tax Act and the Constitution. The assessee, being a local authority, is liable to deduct tax on leave encashment payments to its employees, subject to the exemption limit of Rs. 3 lakhs prescribed by Section 10(10AA) for non-Central/State government employees. The Revenue Authorities shall recompute the quantum of tax deductible accordingly. The appeals of the assessee are dismissed by the Appellate Tribunal.

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