SAHADEVAN NALUPURAKKAL,KOZHIKODE vs. ITO,WARD 2(2), KOZHIKODE
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal upheld the decisions of the lower authorities, affirming that since the assessee is neither a Central nor a State Government employee, the exemption for leave encashment under Section 10(10AA) is restricted to Rs. 3,00,000 as per CBDT notification. No reason was found to interfere with the orders of the AO and CIT(A).
What were the facts?
The assessee, a non-government employee, claimed an exemption of Rs. 58,17,677 for leave encashment under Section 10(10AA) of the Income-tax Act. The Assessing Officer (AO) restricted this exemption to Rs. 3,00,000, and this decision was subsequently confirmed by the CIT(A), on the grounds that the assessee was not a government employee.
What were the issues?
Whether the exemption for leave encashment under Section 10(10AA) for a non-government employee is restricted to Rs. 3,00,000 as notified by the CBDT.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, COCHIN
Before: Shri Inturi Rama Rao
Asst.Year 2022-2023 Sri.Sahadevan Nalupurakkal The Income Tax Officer Vaishnavam, Kannadipoyil v. Ward 2 Blussery, Kozhikode – 673 612. Kozhikode. PAN : ADCPN7963J. (Appellant) (Respondent) Appellant by : --- None--- Respondent by : Smt.Leena Lal, Senior AR Date of Date of Hearing : 04.02.2025 Pronouncement : 11.02.2025 O R D E R This appeal filed by the assessee is directed against the order of the National Faceless Assessment Centre / Commissioner of Income- tax (Appeals) [“CIT(A)” for short] dated 22.08.2024 having DIN & Order No.ITBA/APL/S/250/2024-25/1067851539(1) for the assessment year 2022-2023.
Briefly, the facts of the case are that the assessee is an individual deriving income from salary. The return of income for the assessment year 2022-2023 was filed on 27th July, 2022 claiming exemption u/s.10(10AA) of the Income-tax Act, 1961 (“the Act” hereinafter) of Rs.58,17,677. The said return of income was processed u/s.143(1) of the Act vide intimation dated 18th March, 2023 after making adjustment of disallowance of claim of exemption of leave encashment of
Being aggrieved with the order of the Assessing Officer (“the AO” hereinafter) against the said adjustment, an appeal was filed before the CIT(A), who vide the impugned order, confirmed the action of the AO.
Being aggrieved with the order of the CIT(A), the assessee is appeal before me in the present appeal. The learned Senior DR placed reliance on the judgment of the Hon’ble Patna High Court in the case of Purnendu Shekhar Sinha v. Union of India (2024) 159 taxmann.com 746 (Patna). When the appeal was called, none appeared on behalf of the assessee, despite due service of notice. Therefore, I proceed to dispose of this appeal on merits after hearing the learned Senior DR.
I have heard the learned Senior DR and perused the material available on record. The issue in the present appeal is with regard to the quantum of deduction of leave encashment u/s.10(10AA) of the Act. Undisputedly, the assessee is neither a Central Government nor a State Government employee. Therefore, the amount received towards encashment of leave is exempt to the extent of Rs.3,00,000 as notified by the CBDT. In my opinion, the AO rightly restricted the amount of deduction to the extent of Rs.3 lakh and the CIT(A) justified in upholding the view taken by the AO. Therefore, I do not find any reason to interfere with the orders of the lower authorities.
Order pronounced on this 11th day of February, 2025.
More judgments on Section 10(10AA)
- Mohan Singh Rajawat, Jaipur vs ITO WD 7(1), JaipurITA 228/JPR/2026[2020-21]Status: Disposed21 Oct 2026AY 2020-21
- Abhay Hiralal Gandhi, Ahmedabad vs The ITO, Ward-6(1)(1), AhmedabadITA 1955/AHD/2024[2019-20]Status: Disposed7 Oct 2026AY 2019-20
- Usmangani Ahemadbhai Manva, Modasa vs ITO, Ward-1, ModasaITA 2526/AHD/2026[2021-22]Status: Disposed5 Oct 2026AY 2021-22
- Usmangani Ahemadbhai Manva, Modasa vs ITO, Ward-1, ModasaITA 2525/AHD/2026[2020-21]Status: Disposed5 Oct 2026AY 2020-21
- Rasiklal Arjanbhai Kobia, Upleta vs ITO WD 2(2)(3), RKT, RajkotITA 1119/RJT/2026[2021-22]Status: Heard1 Oct 2026AY 2021-22
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