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Leave Encashment

This query is : Resolved 

26 February 2008 Dear Sir / Madam

If any person left his current job & joined to a new co. in between any financial year. At the time of his leaving he was having 30 leaves balance in his account & co paid him as per the calculation.
In this condition the amount of leave encashment is taxable or not?
Even he is working with his new co. & his salary is taxable.


26 February 2008 Hi Anil,

Leave encashment is exempt if the same is received at the time of retirement.

In your case, the same does not fall under retirement scheme. hence the same shall be taxable.

Rgds/
Vineet


26 February 2008 Thanks for your reply

26 February 2008 LEAVE ENCASHMENT IS TAXABLE IN YOUR CASE SINCE IT IS PRE-RETIREMENT

26 February 2008 PLease refer to section 10(10AA)

The phrase ‘or otherwise’ will cover only such an eventuality when there is severance of relationship of employer and employee or contract of employment - CIT v. Ram Rattan Lal Verma [2005] 145 Taxman 256 (All.).


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