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TDS Leave Encashment as Arrear whether to be taxed based on Previous year?

TDS 364 views 3 replies

Hello,

Govt had notified increase in Leave Encashment Limit for Non Govt Employees to 25 Lakh wef 01.04.23. A person (private employeee) retired on 28.02.23( where in he felled under bracket of 30 % tax)  and is now getting Leave Encashment as arrears in June 2023( now after retirement he falls under 20 % bracket of Income tax).

As Leave encashement is part of Salary as per Section 15 , which is based on due or paid basis , whichever is earlier, so TDS to be deducted from Leave encashment will be 30 % bracket or 20 % bracket?

Please help

Replies (3)

Check his form 16 for both the FYs and the payment disbursal letter of LE, and decide.

Sir,

FY 23 -24 can only be an estimate and Form 16 cant be there, as its still going on. however after retirement salary become nil so now in 20 % bracket

As per rule it is to be included in FY 2022-23, if it's included in form 16 of the relevant year. But in other case, you can take chance.


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