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Shri Dinesh Kumar Tyagi Vs. Commissioner of Income Tax

Case No: ITA No. 5922/Del/2025
Court: Income Tax Appellate Tribunal, Delhi Bench ‘G’, New Delhi
Date: 9/8/2026

Parties Involved

AppellantShri Dinesh Kumar Tyagi
RespondentCommissioner of Income Tax (Appeals)/ National Faceless Appeal Centre

Facts Summary

The assessee, Shri Dinesh Kumar Tyagi, a retired General Manager of Andhra Bank, received Rs. 13,92,645/- towards leave encashment at retirement. The Assessing Officer restricted the exemption to Rs. 3,00,000/- relying on the CBDT Notification being S.O. 588 (E) dated 31.05.2022, which was further upheld by the Ld. CIT(A). The assessee argued that Notification No. 31/2023 dated 24.05.2023, which enhanced the exemption limit to Rs. 25,00,000/-, is applicable to his case. The Revenue relied on the orders passed by the authorities below.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the assessee is entitled to exemption of leave encashment under Section 10(10AA) of the Income Tax Act, 1961 within the threshold limit prescribed in CBDT Notification No. 31/2023 dated 24.05.2023.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

6 precedents cited in this judgement.

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Shri Dinesh Kumar Tyagi Vs. Commissioner of Income Tax | ITA No. 5922/Del/2025 | 2026 | Opakhya