Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2012 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (11) TMI 803 - AT - Income TaxCondonation of delay - Delay in filing appeal with Tribunal - Assessee not file the appeal because higher of litigation expense over tax payable Subsequently AO increase the demand by passing order u/s 154 Assessee file an appeal before Tribunal Held that:- Subsequently increase in demand is reasonable and sufficient cause for filing the appeal late. Delay condoned. In favour of assessee Exemption u/s 10(10C) VRS - Assessee received salary and pension (including exgratia) Violation of conditions u/s 10(10C) r.w.r. 2BA Held that:- Following the decision in case of Shri Bikram Jit Passi (2012 (11) TMI 214 - ITAT, CHANDIGARH) that if AO had any doubt about the scheme he could have enquired from the employer. Assessee cannot be penalized and tax will be levied on him on the assumption that the scheme framed by employer is not in accordance with rule 2BA. Provision of Sec. 10(10C) should be interpreted in a manner beneficial to the optee for voluntary retirement. In favour of assessee
|