_An individual message is under circulation claiming that he is a Bank Employee and that he had got full exemption for his PL encashment i.e., beyond Rs. 3 lakhs from Income Tax Department after two years of correspondence through his auditor._
_We have already clarified that such claims are on misrepresentation of facts and it will attract action from Income Tax Authorities later at any point of time. But still the message is circulated by some people creating unnecessary confusion._
_To clarify the correctness of our stand of the news item, we post herewith the relevant court verdict for reference. Members / Retirees may please be guided accordingly._
Court verdict on 100% Excemption of tax on Leave encashment at the time of Retirement under section 10(10AA)
Employee of PSU & Nationalised Banks Not Treated as Government Employee for Exemption u/s 10(10AA)
TG Team| Income Tax - Judiciary 25 Aug 2020
Case Law Details
Case Name : Kamal Kumar Kalia & Ors Vs Union Of India & Ors. (Delhi High Court)
Appeal Number : W.P.(C) 11846/2019
Date of Judgement/Order : 08/11/2019
Related Assessment Year :
Courts : All High Courts Delhi High Court
The issue under consideration is whether the assessee being employee of Public Sector Undertaking (PSU) and Nationalised Banks treated as government employee for the purpose of exemption u/s 10(10AA)(i)?
High Court state that the grievance of the petitioners is that on one hand, the retired employees from the Public Sector Undertaking and Nationalised Banks are discriminated against vis-a-vis the Central Government and State Government employees, on the other hand, the limit for exemption has remained static and has not been enhanced since 1998, even though, multiple Pay Commissions have come into force and have been implemented/adopted since then, even in respect of Public Sector Undertakings and Nationalised Banks.
So far as the challenge to provisions of Section 10 (10AA) of the Act on the ground of discrimination is concerned, we are of the view that there is no merit therein. This is for the reason that employees of the Central Government and State Government form a distinct class and the classification is reasonable having nexus with the object sought to be achieved. The Central Government and State Government employees enjoy a “status” and they are governed by different terms and conditions of the employment. Merely because Public Sector Undertaking and Nationalised Banks are considered as “State” under Article 12 of the Constitution of India for the purpose of entrainment of proceedings under Article 226 of the Constitution and for enforcement of fundamental right under the Constitution, it does not follow that the employees of such Public Sector Undertaking, Nationalised Banks or other institutions which are classified as “State” assume the status of Central Government and State Government employees.
It has been held in multiple decisions that employees of Public Sector Undertakings are not at par with government servants.
HC therefore, reject the present petition, insofar as the petitioners challenge to the provisions of Section 10 (10AA) is concerned.
Wp(c)11846of 2019 where income tax department has withdrawn demand notice against such refund
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