2025 (3) TMI 991 - AT - Income Tax

Assessee granted leave encashment exemption under section 10(10AA) following revised Rs. 25 lakh limit notification

Suman Kumar Jha Versus Dy CI T-2 (1) (1), Vadodara

ITAT Ahmedabad allowed assessee's appeal regarding leave encashment exemption under section 10(10AA). The assessee was initially denied benefit of ... Exempt income u/s.10(10AA) - leave encashment on retirement - Benefit of enhanced limit - Assessee was denied the benefit of Notification No.31/2023/F.No.200/3/2023- ITA-1 dated 24-05-2023 which revised the leave encashment limit - HELD THAT:- The Co-ordinate Jaipur Bench decision in the case of Govind Chhatwani [2023 (10) TMI 1509 - ITAT JAIPUR] recently the Central Board of Direct Taxes Suomotu revised the limit for deduction u/s 10(10AA) and the revised limit now stood at Rs. 25, 00, 000 as specified vide notification no. 31/2023 issued by the ministry of finance. Since the leave encashment amount as claimed by the assessee which is below the revised limit of leave encashment exempt prescribed by the Board, the assessee is eligible to claim of deduction of said. Based on these observations the AO is directed to allow the claim of the assessee u/s. 10(10AA) within the revised limit as prescribed. In terms of these observations the appeal of the assessee is allowed. We held that the assessee is entitled to get the deduction as claimed in the return of income u/s 10(10AA) as the limit has been increased from 3 lac to 25 lacs. Appeal filed by the Assessee is hereby allowed. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered in this judgment are:Whether the assessee is entitled to an exemption for leave encashment under Section 10(10AA) of the Income Tax Act, 1961, beyond the limit of Rs. 3,00,000/- for the Assessment Year 2020-21.Whether the notification enhancing the leave encashment limit to Rs. 25,00,000/- is applicable to the assessee's case.Whether the order passed under Section 143(1) of the Act is valid and within jurisdiction, especially concerning the non-consideration of the adjournment application and the issuance of a non-speaking order.Whether there is a violation of statutory provisions due to the non-issuance of timely notifications by the Central Board of Direct Taxes (CBDT) concerning the leave encashment exemption limit.Whether the taxed leave encashment amount exceeding Rs. 3,00,000/- qualifies for relief under Section 89(1) of the Act.ISSUE-WISE DETAILED ANALYSIS1. Exemption Limit for Leave Encashment under Section 10(10AA)Relevant Legal Framework and Precedents: Section 10(10AA) of the Income Tax Act provides for exemption on leave encashment received by employees at the time of retirement. The limit for exemption was set at Rs. 3,00,000/- by Notification No. 123/2002. The limit was revised to Rs. 25,00,000/- by Notification No. 31/2023, effective from April 1, 2023.Court's Interpretation and Reasoning: The Tribunal noted that the assessee's claim for exemption was based on the revised notification, which was not applicable for the Assessment Year 2020-21. The Tribunal relied on the precedent set by the Co-ordinate Jaipur Bench in similar cases, which allowed the exemption based on the revised limit, considering the delay in issuing the notification.Key Evidence and Findings: The assessee had claimed Rs. 15,93,539/- as exempt income under Section 10(10AA). The CPC restricted the claim to Rs. 3,00,000/-, and the assessee paid the tax demand. The Tribunal found that the assessee was entitled to the revised exemption limit based on the precedent.Application of Law to Facts: The Tribunal applied the revised notification limit of Rs. 25,00,000/- to the assessee's case, despite the notification being effective from a later date, based on the principle of fairness and consistency with past decisions.Treatment of Competing Arguments: The Tribunal considered the Revenue's argument supporting the lower authorities' decision but found the assessee's reliance on the revised notification and precedent more persuasive.Conclusions: The Tribunal allowed the assessee's claim for exemption based on the revised limit of Rs. 25,00,000/- and directed the refund of the tax paid.2. Validity of Order under Section 143(1)Relevant Legal Framework: Section 143(1) of the Act allows for adjustments to be made to the return of income filed by the assessee. The assessee challenged the jurisdiction and authority of the order passed under this section.Court's Interpretation and Reasoning: The Tribunal did not find merit in the assessee's challenge regarding jurisdiction and the non-speaking nature of the order, as the primary issue was the exemption limit, which was addressed substantively.Conclusions: The Tribunal did not specifically rule on the jurisdictional challenge, as the substantive relief was granted on the exemption issue.3. Non-Issuance of Timely Notifications by CBDTRelevant Legal Framework: Section 10(10AA) requires the CBDT to issue notifications specifying the exemption limit for leave encashment.Court's Interpretation and Reasoning: The Tribunal acknowledged the delay in issuing the revised notification but found that the revised limit should apply retrospectively to ensure fairness, as supported by the precedent.Conclusions: The Tribunal effectively addressed the issue by applying the revised limit, thus rendering the delay argument moot.4. Relief under Section 89(1)Relevant Legal Framework: Section 89(1) provides relief in cases where salary is received in arrears or in advance.Court's Interpretation and Reasoning: The Tribunal did not specifically address this issue, as the primary relief was granted under Section 10(10AA).Conclusions: The Tribunal's decision on the exemption limit rendered the need for relief under Section 89(1) unnecessary.SIGNIFICANT HOLDINGSCore Principles Established: The Tribunal established that the revised exemption limit for leave encashment should apply retrospectively to ensure fairness, even if the notification was issued after the relevant assessment year.Final Determinations on Each Issue: The Tribunal allowed the assessee's appeal, granting the exemption based on the revised limit and directing the refund of the tax paid.Verbatim Quotes of Crucial Legal Reasoning: 'On being consistent to the said finding, we held that the assessee is entitled to get the deduction as claimed in the return of income u/s 10(10AA) of the Act as the limit has been increased from 3 lac to 25 lacs.'