whether the limit of 3 lakhs exemption for encashment of leave at retirement for non government employees has been removed now?
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Quick Summary
This discussion clarifies the tax exemption for leave encashment received by non-government employees upon retirement. It confirms that the £3 lakh statutory limit for exemption under Section 10(10AA)(ii) is still applicable. The exemption is calculated based on the least of four factors: the statutory limit, the actual amount received, average salary of the last 10 months, or salary per day multiplied by unutilised leave.
Leave encashment received by Non-Government employee is EXEMPT based on the computation provided under Section 10(10AA)(ii) and Balance Amount if any is taxable as ‘income from salary’
COMPUTATION under section 10(10AA):
Leave encashment received Less Exemption under Section 10(10AA) LEAST of the following:
1. Statutory limit- Rs 3,00,000
2. Actual leave encashment amount.
3. Average salary* of last 10 months
4. salary per day * unutilised leave (considering maximum 30 days leave per year) for every year of completed service.
*Salary for this purpose includes basic salary, dearness allowance and commission based on fixed percentage of turnover secured by employee.