Employee of IRCTC Ltd. entitled to 100 per cent leave encashment exemption u/s 10(10AA)(i)

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.

Download Full Judgment Click Here >>

• Order u/s 69 of the CGST Act has to be communicated before arrest of person concerned– SC
• Refund can not be denied on the ground that it was claimed in a return filed u/s 148 – ITAT
• Distinction between religious & charitable purposes is determined by institution’s primary or dominant object
• Fit case to issue notice u/s 148 – Relevancy of material & application of mind to objections important
• AO is under an obligation to assign reasons for rejecting explanation of the assessee