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2015 (9) TMI 1116 - HC - Income TaxAdditional Conveyance allowance - whether is an eligible exemption under section 10(14) in view of circular no.701 dated 20.03.1995 and guideline framed by the CBDTF No.275/11/2001-IT(B) dated 1.02.2001 ? - Held that:- There is no dispute that, as evident from the notification dated 9th June, 1989, any allowance granted to meet the expenditure incurred on conveyance in the performance of duties of office or employment of profit shall qualify for deduction under section 10(14)(i) of the Act only when there is reimbursement of the expenditure actually incurred. Further, as per letter of CBDT dated 1st February, 2001 it is evident that the conveyance allowance and additional conveyance allowance paid to the officers of the LIC are not exempted under section 10(14)(i) of the Act. Since in the instant case there is no evidence that the expenditure was reimbursed and as no notification has been issued for exempting additional conveyance allowance under section 10(14)(i), the Tribunal was not justified in dismissing the appeal filed by the Revenue. Though the CIT (A) in his order had observed that there are some judgements of the ITAT on this issue and though the Tribunal had held that the issue is covered by the orders passed by the Coordinate Benches of the Kolkata Tribunal and of various High Courts, however, but we are constrained to observe that there is no such reference in the orders passed by the CIT(A) and the Tribunal. - Decided against the assessee
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