As per section 10(10AA), leave encashment by a non-Government employee at the time of his retirement (whether on superannuation or otherwise) is exempt. The exemption will be lower of the following amount : 1. Period of earned leave standing to the credit in the employee’s account at the time of retirement × Average monthly salary (see note 1 and note 2). 2. Average monthly salary (as computed in Note 2) × 10 (i.e., 10 month’s average salary). 3. Maximum amount as specified by the Government, i.e., Rs. 3,00,000. 4. Leave encashment actually received at the time of retirement
Note1: is in attached image.
Note 2: Average monthly salary for this purpose means average salary drawn in the past ten months immediately preceding the retirement (i.e., preceding the day of retirement). Salary for this purpose will include only following:
ã Basic salary.
ã Dearness allowance, if considered for computing all the retirement benefits.
ã Commission based on fixed percentage of turnover achieved by the employee. Apart from the above items, salary for this purpose does not include any other allowances or perquisites.
Note1: is in attached image.
Note 2: Average monthly salary for this purpose means average salary drawn in the past ten months immediately preceding the retirement (i.e., preceding the day of retirement). Salary for this purpose will include only following:
ã Basic salary.
ã Dearness allowance, if considered for computing all the retirement benefits.
ã Commission based on fixed percentage of turnover achieved by the employee. Apart from the above items, salary for this purpose does not include any other allowances or perquisites.
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