Vijay pemmaraju v. ITO [2024] 204 ITD 663 (SMC) (Vishakha) Trib)

S. 10(10AA) : leave salary -Employee of the central government or state government -Leave encashment – Directed to allow the exemption. [S. 154]

Assessee has joined as a technician in the central government department of telecom in the year 1981. The  Government of India  has corporatized the department of telecom into BSNL with effect from 1-10-2000. The assessee has credited 280 days of leave at the time of retirement for the service rendered department of telecom till the date of corporatization and claimed exemption of 280 days salary.  The CPC calculated the exemption u/s 10(10AA) basing on the present declaration that the assessee was an employee of BSNL and hence the exemption u/s 10(10AA) was restricted to Rs. 3 lakhs. Rectification application was rejected.  On appeal the Tribunal held that  The CIT as well as the AO has not taken cognizance of these facts and wrongly denied the benefit of exemption of leave encashment u/s 10(10AA) of the Act. The appeal of the assessee is allowed.     (AY. 2019-20)