How to Correct Excess Tax on Leave Encashment for AY 2025-26

🔷 1. What Changed in Law? (At a Glance)

ParticularEarlier PositionRevised Position
Applicable sectionSection 10(10AA)Section 10(10AA)
Exemption limit (non-Govt employees)₹3,00,000₹25,00,000
Effective dateTill 23-05-2023From 24-05-2023 onwards
Legal basisOld ceilingNotification 31/2023 + CBDT Circular 15/2023

Applies to: Private-sector / PSU employees
Does not apply to: Government employees (already fully exempt)


🔷 2. The Practical Problem

Many taxpayers for AY 2025-26 have already:

  • Filed ITR using old ₹3 lakh limit
  • Paid excess tax / received lower refund
  • Faced incorrect TDS deduction by employer

➡ Result: Excess taxation on terminal leave encashment


🔷 3. Best Remedy Before 31 December 2025

Revision of Return (Section 139(5))

Why revision is the first & fastest option

BenefitExplanation
Automatic correctionFresh computation allowed
Refund eligibleExcess tax refunded with interest
No discretion involvedProcessed by CPC normally
Least litigation riskNo approval / scrutiny stage

🔷 4. Statutory Deadline (Critical)

Assessment YearLast date to revise return
AY 2025-2631 December 2025

⚠️ After this date → Revision not permitted


🔷 5. Who Must Revise Immediately?

Revision is strongly recommended if:

✔ Leave encashment taxed beyond ₹25 lakh
✔ Only ₹3 lakh exemption claimed
✔ Employer deducted excess TDS
✔ Refund reduced / demand raised
✔ Salary schedules show incorrect exemption


🔷 6. Step-by-Step: How to Revise ITR (AY 2025-26)

StepAction
1Login to Income-tax e-Filing Portal
2e-File → Income-Tax Returns → Revised Return
3Select AY 2025-26
4Enter original ITR acknowledgement
5Modify salary schedule → restrict taxable leave encashment to amount exceeding ₹25,00,000
6Recompute tax & submit
7Verify electronically

📌 Refund (if any) is processed through CPC automatically.


🔷 7. What Happens If You Miss 31 December 2025?

After the revision window closes, only two fallback remedies exist, both less efficient.


🔷 8. Remedy 2 – Rectification (Section 154)

ParameterDetails
Applicable whereMistake apparent on record
Typical error₹3 lakh applied instead of ₹25 lakh
Eligible AYs (practically)AY 2021-22 to AY 2024-25
Time limit4 years from end of FY of order
NatureLimited correction only
DiscretionMinimal

📌 Cannot re-examine facts or fresh claims.


🔷 9. Remedy 3 – Condonation of Delay (Section 119(2)(b))

ParameterDetails
Applicable forOlder AYs where revision + rectification barred
Typical AYsAY 2020-21 & earlier
Time limitUp to 6 years from end of AY
NatureDiscretionary
RequirementProof of genuine hardship
RiskRejection possible

⚠️ This is not an automatic right.


🔷 10. Remedy Comparison Table (Quick Decision Guide)

CriteriaRevisionRectificationCondonation
Legal basisSec 139(5)Sec 154Sec 119(2)(b)
Automatic✅ Yes⚠️ Limited❌ No
Refund possible✅ Yes✅ Yes✅ Yes
Discretion⚠️ Minimal❌ High
Best use caseAY 2025-26AY 2021-22 to 2024-25Older AYs
ComplexityLowMediumHigh

🔷 11. Key Takeaway (Finin2min View)

31 December 2025 is not just a deadline — it is the last clean exit.

  • Revision is fastest, safest, and legally secure
  • Rectification & condonation are fallback tools, not substitutes
  • Delay converts a simple correction into a discretionary battle

📌 Final Recommendation

If AY 2025-26 → Revise immediately
If revision closed → Check rectification eligibility
If both closed → Explore condonation carefully


📍 Finin2min Summary Box

Enhanced leave encashment exemption = ₹25 lakh
Missed it? Revise before 31-12-2025
After that → remedies narrow, risk increases

Leave a Reply

Your email address will not be published. Required fields are marked *