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Taxability of leave encashment

Prakrati (Professional) (34 Points)

14 February 2018

One of my client was a BSNL employee since 1974, he got absorbed b MTNL since 1st October 2000. He took voluntary retirement on 20th July 2011. In A.Y. 202-13 He got Leave encashment of Rs. 714070 & TDS was deducted after considering limit of Rs 300000. later new section introduced AS follows

Section 10(10AA) (i) ; LE earned as govt employee (i.e., BSNL) is fully exepmt

Section 10(10AA) (iI): LE earned as non govt Employee (i.e., MTNL) is taxable above Rs. 300000

Out of total leaves of 300, 243 was of the period when he was in BSNL amounting to Rs. 578397 & remaining 57 are of the period when he was with MTNL amounting to Rs. 135673 which is below the exemption limit of Rs. 300000. Now can we claim refund by filing condolence of delay

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8 Replies

Divakar (Student CA Final ) (11857 Points)
Replied 15 February 2018

Hlw mam, yes u can claim refund by filling condolence of delay within 6 years

Prakrati (Professional) (34 Points)
Replied 16 February 2018

Thank you sir..

Divakar (Student CA Final ) (11857 Points)
Replied 16 February 2018

Don't call me sir yaar... I am also a student 😀😀😀

Prakrati (Professional) (34 Points)
Replied 16 February 2018

ok...can u help me one more thing..can i apply for condolence online?

Divakar (Student CA Final ) (11857 Points)
Replied 16 February 2018

Though no specific process has been prescribed under these instructions, I would suggest you to file your income tax return along with the application for condonation of delay. So in case your application is accepted, your return will also be taken up for processing immediately. Format of Condonation Letter To Commissioner of Income Tax The relevant address of the Tax department PAN Number: ----------------------------Employment number in case of Govt. officials Dear Sir I have submitted my income tax return(s) for assessment year (s)……………… vide acknowledgement number ………dated………at ………………………(copy enclosed with this) Due to exigencies of service and being deployed in filled -----or any other reason whatever applicable in the assessee’s case ----------I was unable to file my return in time. You are kindly requested to waive the time limit and accord sanction to assess my income tax return (s) so that I am able to get the income tax refund of Rs………… excess paid income tax. Further, I have been filing my income tax return regularly and the same could be verified from your records. Thanking you Yours faithfully Name of the assessee. Encl: (i) form-30 and (ii) Relevant year(s) return photocopy Form-30 which has to go along with the letter The form-30 under rule 41 which has to be submitted to the Commissioner – the specimen is as under:- FORM-30 (Rule 41) (Claim for Refund) I…………………………………….of ------------------address------------------------ do hereby state that my total income computed in accordance with the provision of the Income Tax Act 1961, during the year ending on------------being the previous year for the assessment year commencing on the 1 day of April…………….. amounted to Rs……………. and that the total income tax chargeable in respect of such total income is Rs………………. and that the total income tax paid or treated as paid under section 199 is Rs…………….. I therefore request for a refund of Rs…………………………. Signature of the assessee I hereby declare that I was resident / non-resident but not ordinarily resident / non-resident during the previous year relevant to the assessment year to which claim relates and that what is stated in the application is correct. Date: - Signature of the assessee If you like my article, please share this on : Search Professional Post Query Post Assignment Read More Articles In case of business query on above subject, comment here or contact PANKAJ KUMAR SHARMA PLEASE LOGIN FIRST TO COMMENT article author Ankur Mahajan Posted On: 7 months ago Really appreciate your article. I have some doubts. To whom do I need to address and submit the letter of condonation along with relevant docs ? Also, do i need to submit the docs in-person or can I post the docs. Thanks article author PANKAJ KUMAR SHARMA Posted On: 7 months ago Addressee shall be your jurisdictional Income Tax Officer where you file income tax return. You may submit in person or through registered post. article author Ankur Mahajan Posted On: 7 months ago Thanks. Just a quick confirmation, we need submit 3 documents wiz. ITR, Letter of Condonation and Form 30 ? Do we need to submit any affidavit, also ? article author Ankur Mahajan Posted On: 7 months ago And since, I am unable to fill the return online, firstly I need to submit the return offline at my AO ward ? article author PANKAJ KUMAR SHARMA Posted On: 7 months ago yes, need to file the same. article author Pardeep singh Posted On: 6 months ago Hi, this article is very useful and really appreciate it. I have some doubts. In A.Y 2014-15 due to non availability of PAN tds deducted on my salary is Rs. 49000 but my total income is below tax limit ( which is Rs. 242000). Does it come under further condition no. 3 ( excess of tax deducted at sourse). And I had not filed any years return till now So, whether I will file my return manually or after submitting letter of condonation to commissioner he will raise a notice against wich I will file my return. And which further documents I have to submit along with letter of condonation. Eagerly waiting for reply. Thanks. article author PANKAJ KUMAR SHARMA Tax Expert Partner, GPPS Advisory Services Contact Me View Profile CHECKOUT TRENDING ARTICLES How to Pay Zero Tax for Income up to Rs 12 Lakhs from Salary for Financial Year 2016-17 Do not wait till 31st July to file your Income Tax Return – Keep Ready 9 documents to file before due date Missed to Submit HRA declaration to Employer? You can claim HRA at the time of Filing Returns and get Refund from Income Tax Features and Step wise process - Income Declaration Scheme 2016 – Convert your Black Money to White How to Pay Zero Tax for Business Receipts -Turnover of Rs 1 Crore How to Pay Zero Tax for Professionals (CA, CS, Lawyers, Doctors, etc) earning Income of Rs 16 Lakhs Why you should file Income Tax Return? Benefits of Filing Income Tax Returns How to save Rs 10 crore as retirement corpus Having Turnover of Less than 10 Lakhs? How to File NIL Service Tax return with Circular No 033/2012 Starting a New Business or Profession? Compare Structure and type of Entity– Sole, Partnership, LLP or Company Revised and Latest TDS Tax Deducted at Source Rate Chart for FY 2016-17 AY 2017-18 Exemption for Capital Gain Arising on Transfer of Resident House Property WILL- Important points, Tax Advantages of will and Format of WILL Revised and Latest TDS Tax Deducted at Source Rate Chart for FY 2016-17 AY 2017-18 Exemption for Capital Gain Arising on Transfer of Resident House Property WILL- Important points, Tax Advantages of will and Format of WILL Senior Citizens Tax Benefits in Income Tax Act - Filing, exemptions, advance tax and other benefits Registration process for Trade Mark GET FREE ARTICLE UPDATES VIA EMAIL Always stay updated with latest information on expertmile Enter Your Email Id SUBSCRIBE I hope by reading this article you got enlighten on ,Applications for condonation of delay in filing returns claiming refund and returns carry forward of loss and set-offfurther to mention before taken any financial decision based on this content it is prefered to take an expert opinion as matter can be subjective. Though no specific process has been prescribed under these instructions, I would suggest you to file your income tax return along with the application for condonation of delay. So in case your application is accepted, your return will also be taken up for processing immediately. Format of Condonation Letter To Commissioner of Income Tax The relevant address of the Tax department PAN Number: ----------------------------Employment number in case of Govt. officials Dear Sir I have submitted my income tax return(s) for assessment year (s)……………… vide acknowledgement number ………dated………at ………………………(copy enclosed with this) Due to exigencies of service and being deployed in filled -----or any other reason whatever applicable in the assessee’s case ----------I was unable to file my return in time. You are kindly requested to waive the time limit and accord sanction to assess my income tax return (s) so that I am able to get the income tax refund of Rs………… excess paid income tax. Further, I have been filing my income tax return regularly and the same could be verified from your records. Thanking you Yours faithfully Name of the assessee. Encl: (i) form-30 and (ii) Relevant year(s) return photocopy Form-30 which has to go along with the letter The form-30 under rule 41 which has to be submitted to the Commissioner – the specimen is as under:- FORM-30 (Rule 41) (Claim for Refund) I…………………………………….of ------------------address------------------------ do hereby state that my total income computed in accordance with the provision of the Income Tax Act 1961, during the year ending on------------being the previous year for the assessment year commencing on the 1 day of April…………….. amounted to Rs……………. and that the total income tax chargeable in respect of such total income is Rs………………. and that the total income tax paid or treated as paid under section 199 is Rs…………….. I therefore request for a refund of Rs…………………………. Signature of the assessee I hereby declare that I was resident / non-resident but not ordinarily resident / non-resident during the previous year relevant to the assessment year to which claim relates and that what is stated in the application is correct. Date: - Signature of the assessee If you like my article, please share this on : Search Professional Post Query Post Assignment Read More Articles In case of business query on above subject, comment here or contact PANKAJ KUMAR SHARMA PLEASE LOGIN FIRST TO COMMENT article author Ankur Mahajan Posted On: 7 months ago Really appreciate your article. I have some doubts. To whom do I need to address and submit the letter of condonation along with relevant docs ? Also, do i need to submit the docs in-person or can I post the docs. Thanks article author PANKAJ KUMAR SHARMA Posted On: 7 months ago Addressee shall be your jurisdictional Income Tax Officer where you file income tax return. You may submit in person or through registered post. article author Ankur Mahajan Posted On: 7 months ago Thanks. Just a quick confirmation, we need submit 3 documents wiz. ITR, Letter of Condonation and Form 30 ? Do we need to submit any affidavit, also ? article author Ankur Mahajan Posted On: 7 months ago And since, I am unable to fill the return online, firstly I need to submit the return offline at my AO ward ? article author PANKAJ KUMAR SHARMA Posted On: 7 months ago yes, need to file the same. article author Pardeep singh Posted On: 6 months ago Hi, this article is very useful and really appreciate it. I have some doubts. In A.Y 2014-15 due to non availability of PAN tds deducted on my salary is Rs. 49000 but my total income is below tax limit ( which is Rs. 242000). Does it come under further condition no. 3 ( excess of tax deducted at sourse). And I had not filed any years return till now So, whether I will file my return manually or after submitting letter of condonation to commissioner he will raise a notice against wich I will file my return. And which further documents I have to submit along with letter of condonation. Eagerly waiting for reply. Thanks. article author PANKAJ KUMAR SHARMA Tax Expert Partner, GPPS Advisory Services Contact Me View Profile CHECKOUT TRENDING ARTICLES How to Pay Zero Tax for Income up to Rs 12 Lakhs from Salary for Financial Year 2016-17 Do not wait till 31st July to file your Income Tax Return – Keep Ready 9 documents to file before due date Missed to Submit HRA declaration to Employer? You can claim HRA at the time of Filing Returns and get Refund from Income Tax Features and Step wise process - Income Declaration Scheme 2016 – Convert your Black Money to White How to Pay Zero Tax for Business Receipts -Turnover of Rs 1 Crore How to Pay Zero Tax for Professionals (CA, CS, Lawyers, Doctors, etc) earning Income of Rs 16 Lakhs Why you should file Income Tax Return? Benefits of Filing Income Tax Returns How to save Rs 10 crore as retirement corpus Having Turnover of Less than 10 Lakhs? How to File NIL Service Tax return with Circular No 033/2012 Starting a New Business or Profession? Compare Structure and type of Entity– Sole, Partnership, LLP or Company Revised and Latest TDS Tax Deducted at Source Rate Chart for FY 2016-17 AY 2017-18 Exemption for Capital Gain Arising on Transfer of Resident House Property WILL- Important points, Tax Advantages of will and Format of WILL Revised and Latest TDS Tax Deducted at Source Rate Chart for FY 2016-17 AY 2017-18 Exemption for Capital Gain Arising on Transfer of Resident House Property WILL- Important points, Tax Advantages of will and Format of WILL Senior Citizens Tax Benefits in Income Tax Act - Filing, exemptions, advance tax and other benefits Registration process for Trade Mark GET FREE ARTICLE UPDATES VIA EMAIL Always stay updated with latest information on expertmile Enter Your Email Id SUBSCRIBE I hope by reading this article you got enlighten on ,Applications for condonation of delay in filing returns claiming refund and returns carry forward of loss and set-offfurther to mention before taken any financial decision based on this content it is prefered to take an expert opinion as matter can be subjective. ShareThis Copy and Paste Though no specific process has been prescribed under these instructions, I would suggest you to file your income tax return along with the application for condonation of delay. So in case your application is accepted, your return will also be taken up for processing immediately. Format of Condonation Letter To Commissioner of Income Tax The relevant address of the Tax department PAN Number: ----------------------------Employment number in case of Govt. officials Dear Sir I have submitted my income tax return(s) for assessment year (s)……………… vide acknowledgement number ………dated………at ………………………(copy enclosed with this) Due to exigencies of service and being deployed in filled -----or any other reason whatever applicable in the assessee’s case ----------I was unable to file my return in time. You are kindly requested to waive the time limit and accord sanction to assess my income tax return (s) so that I am able to get the income tax refund of Rs………… excess paid income tax. Further, I have been filing my income tax return regularly and the same could be verified from your records. Thanking you Yours faithfully Name of the assessee. Encl: (i) form-30 and (ii) Relevant year(s) return photocopy Form-30 which has to go along with the letter The form-30 under rule 41 which has to be submitted to the Commissioner – the specimen is as under:- FORM-30 (Rule 41) (Claim for Refund) I…………………………………….of ------------------address------------------------ do hereby state that my total income computed in accordance with the provision of the Income Tax Act 1961, during the year ending on------------being the previous year for the assessment year commencing on the 1 day of April…………….. amounted to Rs……………. and that the total income tax chargeable in respect of such total income is Rs………………. and that the total income tax paid or treated as paid under section 199 is Rs…………….. I therefore request for a refund of Rs…………………………. Signature of the assessee I hereby declare that I was resident / non-resident but not ordinarily resident / non-resident during the previous year relevant to the assessment year to which claim relates and that what is stated in the application is correct. Date: - Signature of the assessee If you like my article, please share this on : Search Professional Post Query Post Assignment Read More Articles In case of business query on above subject, comment here or contact PANKAJ KUMAR SHARMA Ankur Mahajan Posted On: 7 months ago Really appreciate your article. I have some doubts. To whom do I need to address and submit the letter of condonation along with relevant docs ? Also, do i need to submit the docs in-person or can I post the docs. Thanks PANKAJ KUMAR SHARMA Posted On: 7 months ago Addressee shall be your jurisdictional Income Tax Officer where you file income tax return. You may submit in person or through registered post. Ankur Mahajan Posted On: 7 months ago Thanks. Just a quick confirmation, we need submit 3 documents wiz. ITR, Letter of Condonation and Form 30 ? Do we need to submit any affidavit, also ? Ankur Mahajan Posted On: 7 months ago And since, I am unable to fill the return online, firstly I need to submit the return offline at my AO ward ? PANKAJ KUMAR SHARMA Posted On: 7 months ago yes, need to file the same. Pardeep singh Posted On: 6 months ago Hi, this article is very useful and really appreciate it. I have some doubts. In A.Y 2014-15 due to non availability of PAN tds deducted on my salary is Rs. 49000 but my total income is below tax limit ( which is Rs. 242000). Does it come under further condition no. 3 ( excess of tax deducted at sourse). And I had not filed any years return till now So, whether I will file my return manually or after submitting letter of condonation to commissioner he will raise a notice against wich I will file my return. And which further documents I have to submit along with letter of condonation. Eagerly waiting for reply. Thanks. PANKAJ KUMAR SHARMA Tax Expert Partner, GPPS Advisory Services Contact Me View Profile CHECKOUT TRENDING ARTICLES How to Pay Zero Tax for Income up to Rs 12 Lakhs from Salary for Financial Year 2016-17 Do not wait till 31st July to file your Income Tax Return – Keep Ready 9 documents to file before due date Missed to Submit HRA declaration to Employer? You can claim HRA at the time of Filing Returns and get Refund from Income Tax Features and Step wise process - Income Declaration Scheme 2016 – Convert your Black Money to White How to Pay Zero Tax for Business Receipts -Turnover of Rs 1 Crore How to Pay Zero Tax for Professionals (CA, CS, Lawyers, Doctors, etc) earning Income of Rs 16 Lakhs Why you should file Income Tax Return? Benefits of Filing Income Tax Returns How to save Rs 10 crore as retirement corpus Having Turnover of Less than 10 Lakhs? How to File NIL Service Tax return with Circular No 033/2012 Starting a New Business or Profession? Compare Structure and type of Entity– Sole, Partnership, LLP or Company Revised and Latest TDS Tax Deducted at Source Rate Chart for FY 2016-17 AY 2017-18 Exemption for Capital Gain Arising on Transfer of Resident House Property WILL- Important points, Tax Advantages of will and Format of WILL Revised and Latest TDS Tax Deducted at Source Rate Chart for FY 2016-17 AY 2017-18 Exemption for Capital Gain Arising on Transfer of Resident House Property WILL- Important points, Tax Advantages of will and Format of WILL Senior Citizens Tax Benefits in Income Tax Act - Filing, exemptions, advance tax and other benefits Registration process for Trade Mark GET FREE ARTICLE UPDATES VIA EMAIL Always stay updated with latest information on expertmile I hope by reading this article you got enlighten on ,Applications for condonation of delay in filing returns claiming refund and returns carry forward of loss and set-offfurther to mention before taken any financial decision based on this content it is prefered to take an expert opinion as matter can be subjective. Though no specific process has been prescribed under these instructions, I would suggest you to file your income tax return along with the application for condonation of delay. So in case your application is accepted, your return will also be taken up for processing immediately. Format of Condonation Letter To Commissioner of Income Tax The relevant address of the Tax department PAN Number: ----------------------------Employment number in case of Govt. officials Dear Sir I have submitted my income tax return(s) for assessment year (s)……………… vide acknowledgement number ………dated………at ………………………(copy enclosed with this) Due to exigencies of service and being deployed in filled -----or any other reason whatever applicable in the assessee’s case ----------I was unable to file my return in time. You are kindly requested to waive the time limit and accord sanction to assess my income tax return (s) so that I am able to get the income tax refund of Rs………… excess paid income tax. Further, I have been filing my income tax return regularly and the same could be verified from your records. Thanking you Yours faithfully Name of the assessee. Encl: (i) form-30 and (ii) Relevant year(s) return photocopy Form-30 which has to go along with the letter The form-30 under rule 41 which has to be submitted to the Commissioner – the specimen is as under:- FORM-30 (Rule 41) (Claim for Refund) I…………………………………….of ------------------address------------------------ do hereby state that my total income computed in accordance with the provision of the Income Tax Act 1961, during the year ending on------------being the previous year for the assessment year commencing on the 1 day of April…………….. amounted to Rs……………. and that the total income tax chargeable in respect of such total income is Rs………………. and that the total income tax paid or treated as paid under section 199 is Rs…………….. I therefore request for a refund of Rs…………………………. Signature of the assessee I hereby declare that I was resident / non-resident but not ordinarily resident / non-resident during the previous year relevant to the assessment year to which claim relates and that what is stated in the application is correct. Date: - Signature of the assessee If you like my article, please share this on : Search Professional Post Query Post Assignment Read More Articles In case of business query on above subject, comment here or contact PANKAJ KUMAR SHARMA Ankur Mahajan Posted On: 7 months ago Really appreciate your article. I have some doubts. To whom do I need to address and submit the letter of condonation along with relevant docs ? Also, do i need to submit the docs in-person or can I post the docs. Thanks PANKAJ KUMAR SHARMA Posted On: 7 months ago Addressee shall be your jurisdictional Income Tax Officer where you file income tax return. You may submit in person or through registered post. Ankur Mahajan Posted On: 7 months ago Thanks. Just a quick confirmation, we need submit 3 documents wiz. ITR, Letter of Condonation and Form 30 ? Do we need to submit any affidavit, also ? Ankur Mahajan Posted On: 7 months ago And since, I am unable to fill the return online, firstly I need to submit the return offline at my AO ward ? PANKAJ KUMAR SHARMA Posted On: 7 months ago yes, need to file the same. Pardeep singh Posted On: 6 months ago Hi, this article is very useful and really appreciate it. I have some doubts. In A.Y 2014-15 due to non availability of PAN tds deducted on my salary is Rs. 49000 but my total income is below tax limit ( which is Rs. 242000). Does it come under further condition no. 3 ( excess of tax deducted at sourse). And I had not filed any years return till now So, whether I will file my return manually or after submitting letter of condonation to commissioner he will raise a notice against wich I will file my return. And which further documents I have to submit along with letter of condonation. Eagerly waiting for reply. Thanks. PANKAJ KUMAR SHARMA Tax Expert Partner, GPPS Advisory Services Contact Me View Profile CHECKOUT TRENDING ARTICLES How to Pay Zero Tax for Income up to Rs 12 Lakhs from Salary for Financial Year 2016-17 Do not wait till 31st July to file your Income Tax Return – Keep Ready 9 documents to file before due date Missed to Submit HRA declaration to Employer? You can claim HRA at the time of Filing Returns and get Refund from Income Tax Features and Step wise process - Income Declaration Scheme 2016 – Convert your Black Money to White How to Pay Zero Tax for Business Receipts -Turnover of Rs 1 Crore How to Pay Zero Tax for Professionals (CA, CS, Lawyers, Doctors, etc) earning Income of Rs 16 Lakhs Why you should file Income Tax Return? Benefits of Filing Income Tax Returns How to save Rs 10 crore as retirement corpus Having Turnover of Less than 10 Lakhs? How to File NIL Service Tax return with Circular No 033/2012 Starting a New Business or Profession? Compare Structure and type of Entity– Sole, Partnership, LLP or Company Revised and Latest TDS Tax Deducted at Source Rate Chart for FY 2016-17 AY 2017-18 Exemption for Capital Gain Arising on Transfer of Resident House Property WILL- Important points, Tax Advantages of will and Format of WILL Revised and Latest TDS Tax Deducted at Source Rate Chart for FY 2016-17 AY 2017-18 Exemption for Capital Gain Arising on Transfer of Resident House Property WILL- Important points, Tax Advantages of will and Format of WILL Senior Citizens Tax Benefits in Income Tax Act - Filing, exemptions, advance tax and other benefits Registration process for Trade Mark GET FREE ARTICLE UPDATES VIA EMAIL Always stay updated with latest information on expertmile I hope by reading this article you got enlighten on ,Applications for condonation of delay in filing returns claiming refund and returns carry forward of loss and set-offfurther to mention before taken any financial decision based on this content it is prefered to take an expert opinion as matter can be subjective.

Divakar (Student CA Final ) (11857 Points)
Replied 16 February 2018

Filed itr online for respective assessments year and make applications for condolence for delay manually... And submit that application with itr to ur jurdiction ward