Employee of IRCTC entitled to full exemption of leave encashment u/s 10(10AA)(i) being employed with Central Government company.
In a recent judgment, ITAT has held that an employee employed with IRCTC Limited is entitled to 100 percent exemption of leave encashment u/s 10(10AA)(i) being employed with Central Government company.
ABCAUS Case Law Citation:
ABCAUS 3867 (2024) (02) ITAT
In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the disallowance of exemption of leave encashment claimed u/s. 10(10AA)(i) of the Income Tax Act, 1961 (the Act) by holding that the assessee is not an employee of the Central or State Governments.
The appellant assessee was employed with Indian Railway Catering and Tourism Corporation (IRCTC) Limited. She filed her return of income which was processed by the CPC. Subsequently, the assessee filed a rectification application u/s. 154 of the Act requesting to allow her leave encashment as exempt u/s 10(10AA) of the Act.
The CPC passed the rectification order restricting the claim of the assessee up to Rs. 3 lacs.
The appeal of the assessee was dismissed by the CIT(A) holding that the assessee is not an employee of the Central or State Governments.
The issue before the ITAT was whether the assessee was a Central Government / State Government employee?
The Tribunal observed that as per the provisions of section 10(10AA) any payment received by an employee of the Central Government or a State Government as the cash equivalent of the leave salary in respect of the period of earned leave at his credit at the time of his retirement whether] on superannuation or otherwise is exempt.
The Tribunal further observed that the return of income showed that the assessee was employed with Indian Railway Catering and Tourism Corporation Limited a Government of India Company and the tax has been deducted at source by the employer.
The Tribunal held that since the assessee was employed with the Central Government, therefore, she was very much eligible for the claim of deduction u/s. 10 (10AA) of the Act.
Accordingly, the Tribunal directed the AO to allow the claim.
CPC order u/s 143(1) is appealable and hence the doctrine of merger with order u/s 143(3) do not arise -…
Under GST Act, there is no specific provision which bounds selling dealer to disclose route to be taken during transportation…
Restrictions on use of words Nidhi Limited unless declared as such under section 406(1). Nidhi (Amendment) Rules 2024 MINISTRY OF…
MCA prescribes period and fee for updating of Directors personal mobile number or email address by e-form DIR-3 KYC MINISTRY…
Integrated Services from NIC-IRP e-invoice-1 and e-invoice-2 Portals GSTN has informed that NIC is releasing the integrated services from e-invoice-1…
The Companies (Significant Beneficial Owners) Amendment Rules, 2024. MCA amends Form No. BEN-2 Return to the Registrar under section 90…