TaxTMI 
TaxTMI 
2025 (3) TMI 991
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....ed under section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') relating to the Assessment Year 2020-21. 2. Brief facts of the case is that the assessee is an individual and retired salaried person. For the Asst. Year 2020-21, assessee filed his Return of Income on 26/12/2020 declaring total income of Rs. 44, 05, 230/-. The assessee claimed an amount of Rs. 15, 93, 539/- as exempt income u/s. 10(10AA) being earned leave encashment on retirement. However the CPC restricted the claim to Rs. 3, 00, 000/- and added remaining amount of Rs. 12, 93, 540/- by passing intimation u/s. 143(1) of the Act and demanded tax thereon. The assessee paid the tax demand and challenged the order by way of appeal. 3. The assessee....
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....ntral Government, the relevant extract is reproduced as under, In exercise of the powers conferred by sub-clause (ii) of clause (10AA) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government, having regard to the maximum amount receivable by its employees as cash equivalent of leave salary in respect of the period of earned leave at their credit at the time of their retirement, whether superannuation or otherwise, hereby specifies the amount of Rs. 3, 00, 000 (rupees three lakhs only) as the limit in relation to employees mentioned in that sub-clause who retire, whether on superannuation or otherwise, after the 1st day of April, 1998. [Notification No. 123/2002/F, No. 200/23/98-ITA-I) Furthe....
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....ainst the appellate order, the assessee is in appeal before us raising the following Grounds of Appeal: 1 The Ld. Addl JCIT (A) grossly erred on facts and in law in dismissing the appeal without adjudicating the preliminary issue raised regarding the violation of statutory provision of Sec 143(1)(a) of the Income tax Act 1961 the Act in the form of non consideration of adjournment application filed with reference to the notice u/s 143(1)(a) of the Act before making the adjustment of RS 1293540 2 The order of the Ld. AO passed us 143(1) of the Act is without jurisdiction and authority of law. 3 The Ld Addl JCIT (A) grossly erred on facts and in law in dismissing the appeal without adjudicating the ground regarding ....
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....en increased from time to time as follows: Sr. No. Date of Notification Salary of (Rs) Cabinet Secretary Month of Calculation of Leave Encashment Payment Entitlement of Leave Encashment (Rs.) 1 08/06/1988 9180 08 9180x8=73440 2 08/06/1988 9450 08 9450x8=75600 3 08/06/1988 9720 08 9720x8=77760 4 08/06/1988 9990 08 9990x8=79920 5 26/03/1996 16290 08 16290x8=130320 6 26/03/1996 16920 08 16920x8=135360 7 27/11/1998 30000 08 30000x8=240000 8 31/05/2002 30000 10 30000x10=300000 9 24/05/2023 2, 50, 000 (approx.) 10 250000x10=2500000 6.1. Further the assessee relied upon various case laws. 7. Pe....
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.... and submitted that the revised limit of Rs. 25, 00, 000/- increased on account of leave salary is applicable and to be considered in the light of fact that government has issued this notification belatedly. The assessee has already claimed the leave salary as exemption the benefit should be given to the assessee. The similar issue has been decided by the bench in the case of Ram Charan Gupta in ITA No. 408/JP/2022 wherein the bench has already held as under:- "8. We have heard the rival contentions and perused the material placed on record. The bench noted that the assessee relying the decision of Hon'ble Delhi High Court has issued a notice to the Union of India in the case of Kamal Kumar Kalia & Ors. Vs. Union of India & Ors in ....