Lta

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SUSHIL GUPTA

SUSHIL GUPTA (Querist)
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01 January 2018 Dear Experts

Pls clear the leave rule under LTA.

Can any one claim LTA with paid leave?

Thanks

CA Suresh Jain

CA Suresh Jain (Expert)
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01 January 2018 42. Rule 2B prescribes the conditions as well as quantum of exemption, which are as follows :
Conditions to be satisfied - Conditions to be satisfied are as under :
♦ The exemption is admissible on the value of any travel concession or assistance received by or due to an assessee from his employer or former employer, as the case may be, for himself and his family, in connection with his proceeding (i) on leave to any place in India, or (ii) to any place in India after the retirement from service, or (iii) to any place in India after the termination of his service.
♦ The exemption is admissible in respect of actual expenditure incurred for journeys performed, not only by the assessee but also by his family.
For this purpose, 'family' means (i) the spouse and children of the assessee, and (ii) the parents, brothers and sisters of the assessee provided that they are wholly or mainly dependent on the assessee. With effect from 1-10-1997, the Central Civil Service Leave Travel Concession Rules have been amended in this respect.
♦ The exemption can be availed only in respect of two journeys performed in a block of four calendar years. For this purpose, the first four-year block commenced with the calendar year 1986. Thus, the four-year blocks will be 1986-89, 1990-93, 1994-97, 1998-2001, 2002-05, 2006-09, 2010-13, 2014-17 and so on.
♦ If an assessee has not availed travel concession or assistance during any of the specified four-year block periods on one of the two permitted occasions, or on both occasions, exemption can be claimed provided he avails the concession or assistance in the calendar year immediately following that block. This is popularly known as the 'carry-over' concession. In such cases, the exemption so availed will not be counted for purposes of regulating the future exemptions allowable for the succeeding block of four years.
Quantum of exemption.—The basic rule is that the quantum of exemption will be limited to the actual expenses incurred on the journey. This pre-supposes that, without performing any journey and incurring expenses thereon, no exemption can be claimed.
In addition to the above general limitation, the quantum of exemption will also be subject to the following maximum limits, depending upon the mode of transport used or available:
For journeys performed by Air
Air economy fare of the national carrier (Indian Airlines or Air India) by the shortest route to the place of destination.
Where place of origin of journey and destination are connected by rail and the journey is performed by any mode of transport other than by air
Air-conditioned first class rail fare by the shortest route to the place of destination.
Where place of origin of journey and destination or part thereof are not connected by rail
(i) Where a recognised public transport system exists, the first class or deluxe class fare on such transport by the shortest route to the place of destination.
(ii) Where no recognised public transport system exists, the air-conditioned first class rail fare, for the distance of the journey by the shortest route, as if the journey has been performed by rail.