please somebody tell me the calculation of leave encashment , my uncle retired so the leave encashment mention in form 16 Rs. 300000 and received in bank Rs.988000 so how can I calculate please help
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Quick Summary
This discussion clarifies the calculation and tax implications of leave encashment upon retirement. For central government employees, leave encashment is fully exempt from tax. For non-government employees, the exemption is limited to the least of specific criteria, including a maximum of £3,00,000. It's important to note that leave salary received during service is taxable, and PSU employees may not be treated as government employees for tax purposes.
(a) Government employees: Leave salary received at the time of retirement is fully exempt from tax. (b) Non-government employees: Leave salary received at the time of retirement is exempt from tax to the extent of least of the following: (i) ` 3,00,000 (ii) Leave salary actually received (iii) 10 months’ salary (on the basis of average salary of last 10 months) (iv) Cash equivalent of leave (based on last 10 months’ average salary immediately preceding the date of retirement) to the credit of the employee at the time of retirement or death. Earned leave entitlement cannot exceed 30 days for every year.
Notes:Leave salary received during the period of service is fully taxable.
It is learnt that for IT purposes PSU employees are not given the status of government employees. There is a Delhi High court verdict regarding this between Kamal Kumar Kalia and others v/s Union of India
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