| Question And Answer | |
|---|---|
| Subject: | Leave encashment exemption beyond 3lakhs |
| Category: | Income-Tax |
| Querist: | Parag Kumar maitra |
| Answered by: | Law Intern |
| Tags: | LEAVE ENCASHMENT EXEMPTION, Section 10(10AA)(ii) |
| Date: | February 8, 2026 |
I am a bank employee retired on 31/10/2020 . I got leave encashment for rs 850000/- but beyond 3 lakhs tax has been deducted. Now my query whether I am eligible for exemption for full amount. If so any judgment copy is there. Thanks
In AY 2021-22, leave encashment was exempt u/s 10(10AA)(ii) of the Income Tax Act, 1961 upto ₹3,00,000. Vide CBDT Notification No. 31/2023, the exemption limit for non-government employees has been increased to Rs 25,00,000 with effect from April 1, 2023.
The ITAT has taken the view in Chandra Prakash Vashistha vs. ITO (ITAT Jaipur, ITA No. 1139/JPR/2025, order dated October 7, 2025, for AY 2021-22) and Ram Charan Gupta vs. ITO (ITAT Jaipur, ITA No. 408/JPR/2022, order dated June 27, 2023) that the notification is beneficial in nature and should be applied retrospectively.
However, the issue is not settled yet as the Dept is in appeal. You should also raise a claim and keep the issue alive so that you may get the benefit should the issue be ultimately be decided in your favour.