Is leave encashment exempted under Sec 10 (10AA) of the Income Tax Act on retirement? Is the money received from an employer towards encashment of pending leaves be considered for exemption irrespective of the number of times I switch jobs? Till March, the encashment limit for an employee was ₹3 lakh. My current employer has paid me ₹1.5 lakh towards leave encashment and this is not taxable. Now that the government has increased this limit to ₹25 lakh, will the exemption limit at my future job with a prospective employer be ₹23.5 lakh? —Name withheld on request As per the tax laws, any payment received by employees from their employer towards encashment of earned leaves at their credit, at the time of retirement, whether on superannuation or otherwise, shall be exempt from tax, subject to the specified limits.
It is important to note that the value of exemption is required to be calculated to as per the method prescribed in this regard under the Act, with a maximum cap of the specified limit. From the language of the provisions and based on judicial precedents, there is a view prevailing that the term ‘retirement (whether on superannuation or otherwise)’ is wide enough to include resignation.
Thus, leave encashment received from employer upon resignation from employment shall be exempt from tax, subject to the specified method of calculation and limits. It may, however, be noted that any leave encashment received while continuing to be in employment with the employer is taxable in hands of employee.
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