RAM KISHAN GUPTA,JAIPUR vs. ITO WD 4(2), JAIPUR

ITA 208/JPR/2026Status: DisposedITAT Jaipur09 September 2026AY 2020-217 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the revised limit of Rs. 25,00,000 specified by Notification No. S.O. 2276(E) dated 24.05.2023 should be applied retrospectively. The assessee is entitled to the full exemption claimed as it falls within this revised limit.

What were the facts?

The assessee claimed exemption of Rs. 13,81,281 under Section 10(10AA) for leave encashment. The AO restricted this exemption to Rs. 3,00,000, adding the balance to the total income. The CIT(A) upheld this decision.

What were the issues?

Whether the revised exemption limit for leave encashment under Section 10(10AA) is applicable to the assessee who retired before the notification date. Whether the distinction between government and non-government employees for this exemption is valid.

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, ‘B’ 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 30.11.2022 for the assessment year 2020-21, arising out of the intimation dated 08.12.2021 issued under section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) by the Assistant Director of Income Tax, Centralized Processing Centre, Bengaluru (hereinafter referred to as “the AO”).

I.T.A No. 208/JPR/2026 Page No 2 Ram Kishan Gupta

2.

There is a delay of 1097 days in filing this appeal before us. The assessee has

The order continues below.

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