CBDT Notification No. 31/2023 • ₹25 Lakhs Exemption Limit

Leave Encashment Tax Exemption Calculator

Calculate statutory income tax exemption on earned leave encashment under Section 10(10AA) for private, PSU, and government employees across both New and Old Tax Regimes.

Verified by CBDT Circulars & Direct Tax Practice Group
Last Updated: October 2026 (Reflecting ₹25L Limit & Section 115BAC)
₹
₹10,000₹5,00,000

Excludes special allowances; base pay used for statutory gratuity & leave calculation.

₹
₹0₹3,00,000

Include only DA that forms part of superannuation/retirement benefits.

Years
1 Years45 Years

Under Section 10(10AA), fractions of a year (months) are strictly ignored.

Days
10 Days450 Days

Unavailed paid leave balance at relieving. Tax law caps credit at 30 days/year.

₹
₹20,000₹60,00,000

Gross leave encashment amount paid or credited in your Full & Final settlement.

Leave Encashment Assessment66.7% Tax-Exempt

Tax-Exempt Leave Encashment (Section 10(10AA))

₹8,00,000
Gross Leave Encashment₹12,00,000Amount from employer
Taxable Amount₹4,00,000Added to salary income
Monthly Average Base₹1,00,000Basic + DA basis
Statutory Exemption Cap₹25,00,000₹25 Lakhs Statutory Cap
Covered under Section 10(10AA)(ii) read with CBDT Notification No. 31/2023. Exemption is strictly the least of the 4 statutory criteria.

Tax Exemption Breakdown

Total Encashment₹12,00,000
Tax-Exempt (Sec 10(10AA))
₹8,00,000(66.7%)
Taxable Salary
₹4,00,000(33.3%)
Exempt in New Tax Regime (Section 115BAC)?

YES. Unlike deductions under Chapter VI-A (80C, 80D) and HRA, Section 10(10AA) retirement leave encashment is 100% tax-free up to ₹25,00,000 under the New Tax Regime as well. You do not surrender this benefit by opting for the New Regime.

Statutory 4-Criteria Exemption Test (Section 10(10AA)(ii))

For non-government and private employees, income tax exemption is strictly the least of the following 4 official statutory figures:

Statutory CriterionCalculation BasisComputed AmountStatus
1. Actual Amount ReceivedGross leave encashment credited by employer₹12,00,000—
2. Statutory Ceiling LimitCBDT Notification No. 31/2023 (Raised from ₹3L)₹25,00,000—
3. 10 Months' Average Salary10 × (Basic ₹₹75,000 + DA ₹₹25,000)₹10,00,000—
4. Cash Equivalent of Unavailed Leave(240 Days ÷ 30) × Average Monthly Salary₹8,00,000Least (Exempt)
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Direct Definition (Position Zero AEO)

Leave encashment tax exemption under Section 10(10AA) allows retiring employees to receive cash payment for unavailed earned leaves without tax. For non-government and private employees, it is capped at the least of actual encashment, 10 months' average salary, unavailed leave equivalent, or the statutory ceiling of ₹25,00,000. Central and State Government employees enjoy 100% tax-free encashment on retirement.

How Leave Encashment Tax Exemption is Calculated (Section 10(10AA) Rules)

The Income Tax Department evaluates leave encashment tax exemption using distinct statutory principles depending on your employment category and retirement timing:

1. Private & Corporate Sector

Governed by Section 10(10AA)(ii). Exemption is strictly the least of 4 statutory figures:

  • Actual Received: Total leave salary paid by employer.
  • Statutory Limit: ₹25,00,000 lifetime ceiling.
  • 10 Months' Average: 10 × (Basic + DA).
  • Leave Equivalent: (Unavailed days ÷ 30) × Monthly Salary.
Annual leave entitlement is legally capped at 30 days per completed year.
2. Central & State Government

Governed by Section 10(10AA)(i). Payout is 100% tax-exempt without any monetary ceiling:

  • Coverage: Civil servants, defence forces & state cadres.
  • Exemption: Fully exempt on superannuation or voluntary retirement.
  • Accumulation Cap: Capped at 300 days of Earned Leave + Half Pay Leave under Rule 39 of CCS Leave Rules.
Tax liability = ₹0 under both Old and New Tax Regimes.
3. PSU & Public Sector Banks

Employees of SBI, nationalized banks, and public sector undertakings:

  • Statutory Limit: ₹25,00,000 exemption limit applies.
  • ITAT Rulings: Tax appellate tribunals have affirmed that bank staff qualify under the enhanced ₹25L notification.
  • Resignation Parity: Resignation is treated as retirement for exemption purposes.
Relief under Section 89(1) can be claimed on any excess taxable amount.
Worked Example: Private Sector Professional Retiring after 22 Years

Consider Vikram, a senior project manager retiring from an IT services firm in Pune after 22 completed years of service:

Last Basic Salary₹1,20,000 / mo
Dearness Allowance₹30,000 / mo
Leave Balance240 Days
Gross Encashment Paid₹18,00,000
Step-by-Step 4-Criteria Evaluation:
1. Actual leave encashment received:₹18,00,000
2. Statutory maximum ceiling (CBDT Notification):₹25,00,000
3. 10 Months' average salary (10 × ₹1,50,000):₹15,00,000
4. Cash equivalent of unavailed leave [(240 ÷ 30) × ₹1,50,000]:₹12,00,000 (LEAST CRITERION)

Result: The tax-exempt amount under Section 10(10AA) is strictly the least of the four, which is ₹12,00,000. The remaining balance of ₹6,00,000 (₹18,00,000 − ₹12,00,000) is added to Vikram's taxable income for the financial year.

Tax Exemption Comparison Across Employment Categories
CategoryStatutory Exemption LimitNew Tax Regime StatusDuring Active Service
Central Government100% Tax-Free (No Limit)Fully Exempt100% Taxable
State Government100% Tax-Free (No Limit)Fully Exempt100% Taxable
Private Sector / Corporate₹25,00,000 (Least of 4)Fully Exempt up to ₹25L100% Taxable
PSU & Nationalized Banks₹25,00,000 (ITAT Parity)Fully Exempt up to ₹25L100% Taxable

Frequently Asked Questions (Section 10(10AA) Leave Encashment)

Is leave encashment taxable under the New Tax Regime (Section 115BAC)?

No. Leave encashment received at the time of retirement or superannuation is 100% tax-exempt up to ₹25,00,000 under Section 10(10AA) in both the New Tax Regime and the Old Tax Regime. While the New Tax Regime disallows deductions under Chapter VI-A (such as Section 80C or 80D) and HRA, Section 10(10AA) retirement exemptions remain fully preserved without any restriction.

What is the maximum tax-free limit for leave encashment for private sector employees?

The Central Board of Direct Taxes (CBDT Notification No. 31/2023) enhanced the lifetime maximum exemption limit under Section 10(10AA)(ii) from ₹3,00,000 to ₹25,00,000 for non-government and private sector employees retiring on or after April 1, 2023. For Central and State Government employees, the payout remains 100% tax-free without any upper monetary ceiling.

Is leave encashment received upon resignation exempt from income tax?

Yes. High Courts and judicial precedents (including the Madras High Court in CIT v. D.P. Malhotra) have established that voluntary resignation constitutes retirement for the purpose of Section 10(10AA)(ii). Eligible employees leaving service via resignation are entitled to the same 4-criteria statutory exemption up to ₹25 Lakhs as superannuating employees.

How is the 10 months’ average salary calculated for leave encashment?

Under Section 10(10AA), monthly salary is computed strictly as the average Basic Salary and Dearness Allowance (DA forming part of retirement benefits) drawn during the 10 calendar months immediately preceding the date of retirement or resignation. Special allowances, conveyance allowance, HRA, and medical allowances are excluded from this calculation.

What is the significance of the recent ITAT ruling on leave encashment for bank and PSU employees?

In recent rulings (such as ITAT Jaipur), the Income Tax Appellate Tribunal clarified that employees of nationalized banks (such as State Bank of India) and autonomous statutory boards are entitled to leave encashment exemption under Section 10(10AA) up to the statutory limit of ₹25 Lakhs, putting an end to department disputes regarding PSU service rules.

What happens to leave encashed during active service while continuing employment?

Under Section 17(1)(va) of the Income Tax Act, any leave salary encashed during continuous employment is treated as salary and is fully taxable at your applicable slab rate under both tax regimes. However, employees may claim tax relief under Section 89(1) by filing Form 10E on the income tax e-filing portal.