Enhanced exemption on Leave Encashment on retirement

In the recent Union Budget, Rs.25 lakhs was announced as maximum exemption from Income Tax on Leave encashment at the time of retirement for non govt employees. Whether this Enhancement is applicable to both old and new regimes, please?

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Quick Summary
The recent Union Budget introduced an enhanced tax exemption of Rs. 25 lakhs on leave encashment for non-government employees upon retirement. This discussion clarifies whether this increased exemption is applicable under both the old and new tax regimes. Based on the Annexure and the Income-tax Act, it is suggested that the enhancement will likely apply to both regimes, pending the final finance bill notification.

The Annexure issued after the Union Budget announcement states that encashment of earned leave up to 10 months of average salary, at the time of retirement in case of an employee (other than an employee of the Central Government or State Government), is exempt under sub-clause (ii) of clause (10AA) of section 10 of the Income-tax Act (“the Act”) to the extent notified.

The final notification will be issued only after passing of the finance bill.

Plain reading suggests that it will be applicable to both regimes.

Thank you sir for the immediate clarification .

Most welcome.                    

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