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M. Krishna Murthy And Ors. vs Commissioner Of Income-Tax, Andhra ... on 15 June, 1984

6.3 Under one of the amendments, a new Sub-clause (va) has been inserted in Clause (1) of Section 17 of the income-tax Act to provide that any payment received by an employee in respect of any period of leave not availed of by him shall be regarded as "salary". The other amendment has been made in Section 10(10AA) of the Act to clarify that we exemption under the aforesaid provision shall be allowed only where the payment is received by the employee on his retirement, whether on superannuation or otherwise. The combined effect of the two aforesaid amendments will be that payments received by an employee in respect of any period of leave not availed of, by him will be exempt from income-tax only in cases where such payments are received on retirement and subject to the fulfillment of the other conditions laid down in Section 10(10AA) of the Income-tax Act."
Andhra HC (Pre-Telangana) Cites 62 - Cited by 37 - Full Document

Rani Amrit Kunwar vs Commissioner Of Income-Tax, Central ... on 21 December, 1945

9. The expression "salary" for the purposes of computing income for charging purposes will mean only as defined under Section 17 of the Act. The changeability of a receipt has to be adjudged with reference to Section 17 and de hors Section 10 which directs certain receipts to be excluded from the computation of the income. if a receipt is not chargeable under Section 17 it is unnecessary to examine Section 10 as it cannot be decided with reference to the said section. if any, receipt does no! fall within the ambit of Section 17 and is also included in the exemptible limit Under Section 10, it shows that the legislature by way of abandoned precautions refers to them in Section 10 [(see Rani Amrit Kunwar v. CIT (1946) 14 ITR 561 (Allahabad)].
Allahabad High Court Cites 34 - Cited by 71 - Full Document
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