GAURI SHANKAR GUPTA,JAIPUR vs. INCOME TAX OFFICER, JAIPUR, JAIPUR

ITA 1282/JPR/2025Status: DisposedITAT Jaipur22 September 2026AY 2020-20216 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the assessee is entitled to the full exemption of Rs 9,29,033 as it falls within the revised limit of Rs 25,00,000. The addition made by the AO was directed to be deleted.

What were the facts?

The assessee, a retired bank employee, claimed an exemption of Rs 9,29,033 for leave encashment. The AO restricted the exemption to Rs 3,00,000, and the CIT(A) upheld this, relying on a Delhi High Court judgment.

What were the issues?

Whether the exemption for leave encashment for non-government employees should be limited to Rs 3,00,000 or the revised limit of Rs 25,00,000 notified later.

Which sections of the Income-tax Act were involved?

Section 10(10AA)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘SMC’ BENCH, JAIPUR

Before: Shri Kuldip Singh & Shri Prakash

PER : PRAKASH, ACCOUNTANT MEMBER:-

1.

This appeal by the Assessee is directed against the order of the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [hereinafter referred to as "the learned CIT(A)"] dated 10.05.2023 for the assessment year 2020-21, arising out of the intimation dated 07.10.2021 issued under section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") by the Centralized Processing Centre, Bengaluru (hereinafter referred to as "the AO").

2.

There is a delay of 781 days in filing this appeal before us. The assessee has filed a condonation application supported by his affidavit stating that he is a retired

The order continues below.

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