RAJENDRA KUMAR,RANCHI vs. INCOME TAX OFFICER, WARD-W2(1), RANCHI, RANCHI
What were the facts?
The assessee received Rs. 13,20,280/- as leave encashment on retirement. The Assessing Officer restricted the exemption to Rs. 3,00,000/-, and the CIT(A) upheld this, stating the assessee was not a government employee. The assessee appealed to the ITAT.
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal, citing a retrospective CBDT notification. Following coordinate bench decisions, the Tribunal held that the assessee is entitled to the full exemption of leave encashment under Section 10(10AA)(ii).
What were the issues?
Whether the assessee is entitled to full exemption of leave encashment on retirement, and if a retrospective CBDT notification can be applied to condone appeal delay and grant the claim.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI
Before: SHRI PRADIP KUMAR CHOUBEY & SHRI RATNESH NANDAN SAHAY
PER: RATNESH NANDAN SAHAY, A.M.
This appeal by the assessee is directed against the order of the learned National Faceless Appeal Centre (NFAC), Delhi [in short, the ld. CIT(A)] dated 19/09/2022 for the Assessment Year (AY) 2020-21. The assessee has raised following grounds of appeal:
"
Under the facts and circumstances of the case, the ld. CIT(A) NFAC has wrongly restricted the exemption under Section 10(10AA)(ii) of the Act to Rs. 300000/- against claimed and actual received by appellant as Leave Encashment on retirement Rs. 13,20,280/-.
That recently the CBDT has issued Notification No. 31/2023/F No. 200/3/2023-
The order continues below.
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More judgments on Section 10(10AA)(ii)
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- Siddharth Balukeswar Sar, Navi Mumbai vs Assessing Officer, MumbaiITA 4050/MUM/2026[2019-20]Status: Disposed18 Jun 2026AY 2019-20
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