Normally every employee is entitled to certain no. of leaves per annum. and if this leave is not availed then it will be accumulated subject to certain maximum limit such unutilized either get lapsed or get carry forward which can be enchased later at the time of retirement/otherwise or on leaving the employer, pay equivalent to leave remaining unutilised in the employee account will be paid to employee. (rules varies from organisation to organisation). This type of leave is called Earned Leave (In PSU Banks it is also called as Privilege Leave) and amount received in lieu of this unutilised amount is called leave salary/leave encashment.
Leave salary received by any employee during the period of service is fully Taxable. However relief can be claimed under section 89.
Leave salary given to Central / State Government employees at the time of retirement / superannuation in respect of period of earned leave at his credit, it is fully exempt from tax under section 10(10AA)(i).
Leave salary given to Non-Government employee, the PSU banks employee and other PSU sector employees comes under this category and in their cases least of following will be exempted under section 10(10AA)(ii)
As per Income Tax rules Earned Leave entitlement for Encashment at the time of retirement / superannuation / leaving job can not exceed 30 days for every year of actual services rendered for the employer from whose services he has retired to the Leave Balance
'Average Salary' for the aforesaid purpose is to be calculated on the basis of salary drawn during the period of 10 months immediately preceding the date of retirement. Here, salary, for this purpose, means basic salary and includes dearness Allowance if terms of employment so provide. It also includes commission based upon fixed percentage of turnover achieved by an employee, (if any).
The PSU Banks and other organisations includes the basic components of the Special Allowance, Fixed Pay and Professional Qualification Allowance which are included in their superannuaton benefits i.e their organisation is deducting PF on these allowances.
The following table shows the ceiling of amount exempt from Income Tax revised from time to time
|Date of retirement/ Superannuation||Amount|
|1.1.1982 to 30.06.1986||30000|
|01.07.1986 to 31.12.1986||73400|
|01.01.1987 to 30.06.1987||75600|
|01.07.1987 to 31.12.1987||77760|
|01.01.1988 to 31.03.1995||79920|
|01.04.1995 to 30.06.1995||130320|
|01.07.1995 to 01.07.1997||135360|
|02.07.1997 to 01.04.1998||240000|