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2024 (2) TMI 605

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..... d u/s. 10(10AA) (i) by holding that the assessee is not an employee of the Central or State Governments - whether the assessee is a Central Government / State Government employee? - HELD THAT:- In the light of the above a perusal of the return of income show that the assessee was employed with Indian Railway Catering and Tourism Corporation Limited a Government of India Company and the tax has .....

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..... A) (i) of the Act by holding that the assessee is not an employee of the Central or State Governments. 3. Briefly stated the facts of the case are that the assessee filed her return of income on 24.07.2019 and the return was processed by the CPC. The assessee filed a rectification application u/s. 154 requesting to allow her leave encashment as exempt u/s. 10 (10AA) of the Act. The CPC passed t .....

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..... ii) any payment of the nature referred to in sub- clause (i) received by. an employee, other than an employee of the Central Government or a State Government, in respect of so much of the period of earned leave at his credit at the time of his retirement [ whether] on superannuation or otherwise as does not exceed eight] months, calculated on the basis of the average salary drawn by the employee d .....

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..... assessee of such previous year or years, the amount exempt from income-tax und this sub- clause shall not exceed the limit so specified as reduced by the amount as the case may be, the aggregate amount not included in the total income of any su previous year or years: Explanation.- For the purposes of sub- clause (ii).-1 entitlement to earned leave of an employee shall not exceed thirty days for e .....

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