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2013 (10) TMI 107 - HC - Income TaxBenefit of section 35DDA of the Income Tax Act - Deductibility of expenditure incurred on VRS - Applicability of Rule 2BA - Held that:- Section 35DDA reveals that no mention is made of any rule in the body of this Section. On the other hand, Rule 2BA of the Rules, a specific reference to Section 10(10C) of the Act is made and it is captioned as “Guidelines for purposes of Section 10(10C)”. Moreover the language of Rule 2BA of the Rules makes it very clear that the amount received is by the employee and for the purpose of claiming benefit under Section 10(10C) of the Act, this has nothing to do with the employer’s claim, which is under a different claim under Section 35DDA of the Act - Rule 2BA of the Rules is attracted and applicable only to a circumstance, where the benefit of Section 10(10C) of the Act is sought for and not in a situation where the provisions of section 35DDA of the Act is called in aid – Decided against the Revenue.
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