My previous employer , has a policy that only 15 days of leave can be encashed regardless of the leave balance to the credit of the employee.
While going through my Full and FInal settlement, I noticed that for calculating the exemption under section 10(10AA), the Cash equivalent of salary in respect of the period of earned leave to the credit of the employee has been calculated on the basis of the limit of 15 days and not on the basis of actual leave balance to my credit (28 days).
While, it is the prerogative of the employer to encash leave salary I believe the exemption has to be calculated according to the IT Act.
My question is:
The act uses the words "leave salary in respect of the period of earned leave at his credit at the time of his retirement". In that case, is it correct to use the internal limit instead of the "earned leave credited" for calculation of the exemption.
Thanks,
Viraj
