Clarification regarding exemption of value of leave travel concession under section 10(5) of the Income-tax Act, 1961 - Income Tax - 413/1985

Clarification regarding exemption of value of leave travel concession under section 10(5) of the Income-tax Act, 1961 Circular No. 413 Dated 4/3/1985 Section 10(5) of the Income-tax Act, 1961, provides for grant of exemption from income-tax to the value of leave travel concession granted by an employer to an employee. In regard to assessment for assessment years 1971-72 and onwards, this concession is dealt with in section 10(5)(ii) which spells out two situations. The first is where an employee receives travel concession or assistance from his employer for himself and his family in connection with his proceeding on leave to any place in India. The second is where an employee receives travel concession or assistance from his employer or former employer for himself and his family in connection with his proceeding to any place in India after retirement from service or after the termination of his service. A proviso to this sub-clause spells out that the amount exempted under either of these situations shall not, except in the case of circumstances prescribed by rule 2B of the I.T. Rules, 1962, exceed the value of the travel concession or assistance which would have been received by or due to the individual in connection with his proceeding to his home district in India on leave or, as the case may be, after retirement from service or on the termination of his service. Under rule 2B, the following cases are specified as being exceptions to the ceiling laid down in afore-mentioned proviso: (a) where the individual is entitled to such travel concession or assistance once in a block of four calendar years commencing from the calendar year 1974, the value of such travel concession or assistance availed of in each such block; (b) where the individual is entitled to such travel concession or assistance more than once in any such block of four calendar years, the value of the travel concession or assistance first availed of by him in each such block; (c) where such travel concession or assistance is not availed of by the individual during any such block of four calendar years, the value of the travel concession or assistance, if any, first availed of by the individual during the first calendar year of the immediately succeeding block of four calendar years. 2. It has been represented that Income-tax Officers are interpreting section 10(5) read with rule 2B to allow exemption in respect of leave travel concession for visiting any place in India other than the home town once in a block of four years and if more than one leave travel concession is allowed to an employee in this block, no exemption under section 10(5) in respect of the second concession is allowed. The Board have examined the matter. Under section 10(5) read with rule 2B, the value of leave travel concession is exempt completely in a block of four years. However, if the employee is entitled to more than one leave travel concession in a block of four years, then full exemption is to be given for the first concession under rule 2B and subsequent concession in the same block is limited to an amount that would have been admissible had the employee visited his home town. It is only the excess of the concession over the fare to the home town that has to be treated as perquisite and taxes as part of salary income in respect of the second leave travel concession for going to any place in India in the same block of four years. (Sd.) P. Saxena, Secretary, Central Board of Direct Taxes.