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Taxchopal Latest Questions

Ramesh Sharma
Ramesh SharmaEnlightened
Asked: July 8, 2021In: Income Tax

How the encashment of earned leave received at the time of resignation is taxed under Income Tax Act?

  1. CA Vishnu Ram Enlightened
    Added an answer on July 9, 2021 at 10:20 pm

    Resignation is also treated as retirement and section 10(10AA) provides certain exemptions from the amount of leave encashment. This section applies equally to a case of voluntary retirement on account of resignation. In the following manner it will be exempted: Resignation by Government Employee: TRead more

    Resignation is also treated as retirement and section 10(10AA) provides certain exemptions from the amount of leave encashment. This section applies equally to a case of voluntary retirement on account of resignation.

    In the following manner it will be exempted:

    Resignation by Government Employee:

    The full amount of leave encashment is exempted.

    Resignation by other employees:

    The least of below amount is exempted from income tax:

    1. Leave encashment actually received
    2. 10 months “average salary”
    3. Cash equivalent of unveiled leave (Maximum 30 days leave X Completed Year of service).
    4. Maximum Amount as specified by the Govt i.e. Rs. 3,00,000

    Here

    1. Salary” means “Basic + Dearness Allowance” including commission received if any based on a fixed percentage of turnover.
    2. “Average Salary” means the average salary drawn by the employee during the period of 10 months immediately preceding his retirement.

    One important thing is to be required to keep in mind that in the above case Maximum limit of Rs 300000 is cumulative means if the employee has availed the exemption of leave encashment received from any one or more employers, then the limit of Rs. 3,00,000 specified above shall be reduced by the amount of exemption availed earlier.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: July 8, 2021In: Income Tax

is amount received on encashment of earned leave at the time of retirement taxable? is there any exemption available on it?

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on July 9, 2021 at 10:04 pm

    Hi, Encashment of leave at the time of retirement is dealt with in Section 10(10AA) of the Income Tax Act. The exemption is available to the Government and other employees in below manner: A. Govt Employees(Central Govt and State Govt) : The amount of leave encashment received by govt employees on rRead more

    Hi,

    Encashment of leave at the time of retirement is dealt with in Section 10(10AA) of the Income Tax Act. The exemption is available to the Government and other employees in below manner:

    A. Govt Employees(Central Govt and State Govt) :

    The amount of leave encashment received by govt employees on retirement is fully exempt from tax. Means no tax liability on encashment of earned leave at the time of retirement.

    B. Other Employees:

    Least of the below is exempted other employees from the amount received towards Leave encashment at the time of retirement (whether on superannuation or otherwise):

    1. Leave encashment actually received
    2. 10 months “average salary”
    3. Cash equivalent of unveiled leave (Maximum 30 days leave X Completed Year of service).
    4. Maximum Amount as specified by the Govt i.e. Rs. 3,00,000

     

    Here we need to remember the following terms:

    1. “Salary” for the above purpose means “Basic + Dearness Allowance” including commission received if any based on a fixed percentage of turnover.
    2. “Average Salary” means the average salary drawn by the employee during the period of 10 months immediately preceding his retirement.
    3. Relief Sec 89: Employees in service can claim relief under section 89 of the Income Tax Act.

    Regards

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: July 8, 2021In: Income Tax

Is encashment of earned leave during the service taxable ?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on July 9, 2021 at 10:07 pm

    The amount of leave encashment received during the tenure of service with the same employer is fully taxable and no exemption is allowed. It will be treated as party of salary and taxable under the head Income from salary.

    The amount of leave encashment received during the tenure of service with the same employer is fully taxable and no exemption is allowed. It will be treated as party of salary and taxable under the head Income from salary.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: July 8, 2021In: Income Tax

What is encashment of Leave?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on July 9, 2021 at 10:12 pm

    Companies allow their employees different types of leaves like Casual Levees, Earned Leaves, Medical Leave, Gazetted Holidays, etc. Generally, the employee is allowed to either avail of these leaves or carryforward to next year. Sometimes, the employee is also allowed to encash these unutilized leavRead more

    Companies allow their employees different types of leaves like Casual Levees, Earned Leaves, Medical Leave, Gazetted Holidays, etc. Generally, the employee is allowed to either avail of these leaves or carryforward to next year. Sometimes, the employee is also allowed to encash these unutilized leaves and can earn a salary against them.

    If the employee is given some monetary benefit against his carry forwarded leave then it is called encashment of the leave.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: July 7, 2021In: Accountancy

What are the differences between debit note and credit note?

  1. CA Vishnu Ram Enlightened
    Added an answer on July 7, 2021 at 11:20 pm

    Both are Accounting terms used in business transactions. Let's discuss the Debit note First. A debit note is issued from a buyer to a seller. Issued when the buyer receives incorrect or damaged goods or services. issued when the buyer cancels the purchase orders. Simply the debit note is issued at tRead more

    Both are Accounting terms used in business transactions.

    Let’s discuss the Debit note First.

    1. A debit note is issued from a buyer to a seller.
    2. Issued when the buyer receives incorrect or damaged goods or services.
    3. issued when the buyer cancels the purchase orders.
    4. Simply the debit note is issued at the time of Purchases Return
    5. When the invoice is overbilled or billed with an Incorrect amount
    6. And for the above reasons, the buyer requests to return funds from the seller.
    7. A debit note is issued before a credit note.
    8. It works as purchases return.

    Example of debit note:

    Ram is the purchaser, and Shyam the seller or supplier. Now see the sequence of events leading to the issuance of a debit note.

    1. Ram purchases goods worth Rs. 1000 from Shyam.
    2. Ram receives the goods and the final invoice but receives some damaged goods.
    3. Ram inform Shyam about the damaged goods and ask for returning the goods as is.
    4. Ram raises a debit note against Shyam, mentioning the original purchase, the value of the damaged goods, and the reason behind the return.
    5. On receipt of the debit note, Shyam issues an appropriate credit note.

    As per section 34(3) of the Goods and Services Tax Act, “Where a tax invoice has been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to be less than the taxable value or tax payable in respect of such supply, the registered person, who has supplied such goods or services or both, shall issue to the recipient a debit note containing such particulars as may be prescribed”.

    Now, Lets understand the Credit Note

    1. A Credit note is issued from a seller to buyer.
    2. Issued when the Seller buyer receives incorrect or damaged goods or services.
    3. issued when the buyer cancels the purchase orders and the amount has already been received, buyer.
    4. Simply the Credit note is issued at the time of Sales Return
    5. When the invoice is incorrect.
    6. When some discount has to be given.
    7. When buyer denied paying some amount of invoice.
    8. And for the above reasons, the buyer requests to return funds from the seller.

    Sec 34 of GST Act defined the credit note as below.

    “Where a tax invoice has been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to exceed the taxable value or tax payable in respect of such supply, or where the goods supplied are returned by the recipient, or where goods or services or both supplied are found to be deficient, the registered person, who has supplied such goods or services or both, may issue to the recipient a credit note containing such particulars as may be prescribed.”

     

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: June 25, 2021In: GST

What will be the GST implications on return of advanced against cancelled business order?

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: June 25, 2021In: Income Tax

How the advance salary is taxable?

  1. CA Vishnu Ram Enlightened
    Added an answer on June 25, 2021 at 6:58 pm
    This answer was edited.

    Advance Salary and bonus become taxable in the year of actual receipt on the basis of the tax rates applicable in the year of receipt. However, Assess can claim relief under section 89(1) of the Income Tax Act.

    Advance Salary and bonus become taxable in the year of actual receipt on the basis of the tax rates applicable in the year of receipt. However, Assess can claim relief under section 89(1) of the Income Tax Act.

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