Leave encashment exemption under sec 10 (10aa) Leave encashment exemption under sec 10 (10aa)

9 months ago

I worked for a Private (non government) Indian employer for 10 years and recently resigned. In the last 3 years of my job, I was working for the same Indian employer but from overseas (USA). I recently got a leave encashment for the balance leaves that I had accumulated in the total tenure of 7 years when I was actually working from India. Though I was on payroll of the Indian employer, I did not receive any salary in India in the last 3 years when I was in USA. The leave encashment amount was around 1,20,000 which is well within the 10 months average salary (basic+DA)

Can I claim the leave encashment as exemption under sec 10(10aa) even though I did not actually receive any salary in India In the last 10 month prior to my resignation?

Anik

Responded 9 months ago

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A.Dear client,
If you were working abroad, then you would have paid taxes abroad. Hence, you cannot claim leave encasement as exemption under section 10aa of the Income Tax Act
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