CA
72 Points
Posted on 03 February 2011
Hi,
1. Leave encashment during the continuity of the of employment is chargeable to tax however relief available under section 89.
However in your case it will not fall in the above case so the provision applicable:
You being Non govt employee will have section 10(10AA)(ii) apllicable so the leave ecashment exempt in your hand will be the least of the following:
a. Period of earned leave (in no. of months) to the credit at the time of leaving the job X Average monthly salary.
(eg. 15000 avg salary X 4 Months = Rs. 60000)
How to calculate the leave period of earned leave in months?
Let take eg. Period of service 5 1/2Years; leave entitlement per year 35 days; leave encashed or availed 50 days
i) Total no. of days leave entitled for one year X Total period of serivce in years (no part of the year taken) = X
35 days X 5 yrs = 175 days
ii) X - Leave availed or encashed = Y
175 days - 50 days = 125
iii) Y / 30 days
125 / 30 days = 4.167 Months; round off to 4 months.
How to calculate the avg monthly salary?
eg. Basic salary 10000 per month; Dearness allowance 5000 per month in last 10 Months of employment.
Salary = Basic salary + DA
(eg. 10000+5000 = 15000)
b) 10 X Avg mnthly salary
(eg. 10 X 15000 = 1,50,000)
c) Rs 300,000
d) actual leave salary received
( eg. Rs 70,000)
So the leave encashement in you hand will be least of above which is Rs.60,000/-
2. Gratuity sec 10 (10) least of the following assuming covered by payment of Gratuity act 1972
a. 15 days salary (last drawn) X Year of service
Salary = basic salary + DA
b. Rs 350000
c. Grat. actully received
3. PF if the contribution to recognised provident fund
If rendered 5 Years of continous service fully PF received is fully exempt in the hands of employee.
4. Pension is fully taxable.
5. Tax slab for
In case of individual (other than II and III below) and HUF:-
|
|
Income Level / Slabs |
Income Tax Rate |
|
i. |
Where the total income does not exceed Rs.1,60,000/-. |
NIL |
|
ii. |
Where the total income exceeds Rs.1,60,000/- but does not exceed Rs.3,00,000/-. |
10% of amount by which the total income exceeds Rs. 1,60,000/- |
|
iii. |
Where the total income exceeds Rs.3,00,000/- but does not exceed Rs.5,00,000/-. |
Rs. 14,000/- + 20% of the amount by which the total income exceeds Rs.3,00,000/-. |
|
iv. |
Where the total income exceeds Rs.5,00,000/-. |
Rs. 54,000/- + 30% of the amount by which the total income exceeds Rs.5,00,000/-. |
In case of individual being a woman resident in India and below the age of 65 years at any time during the previous year:-
|
|
Income Level / Slabs |
Income Tax Rate |
|
i. |
Where the total income does not exceed Rs.1,90,000/-. |
NIL |
|
ii. |
Where total income exceeds Rs.1,90,000/- but does not exceed Rs.3,00,000/-. |
10% of the amount by which the total income exceeds Rs.1,90,000/-. |
|
iii. |
Where the total income exceeds Rs.3,00,000/- but does not exceed Rs.5,00,000/-. |
Rs. 11,000- + 20% of the amount by which the total income exceeds Rs.3,00,000/-. |
|
iv. |
Where the total income exceeds Rs.5,00,000/- |
Rs.51,000/- + 30% of the amount by which the total income exceeds Rs.5,00,000/-. |