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2020 (5) TMI 18 - AT - Income TaxCondonation of delay of delay of 88 days - legitimate reasons of delay - HELD THAT:- As stated that the assessee was suffering from spondylisis. Due to court vacations and owing to the extremely busy schedule of the advocate engaged by the assessee, he was able to fix an appointment with him only during the 2nd week of June - said advocate was hesitant in accepting the brief as he was already preoccupied with certain other matter. Being not well versed with the tax laws, the assessee engaged another advocate who prepared the appeal papers by the end of July. Due to natural calamities in August, there was communication gap between the assessee and the advocate. Finally, the appeal was filed on 19/09/2018. Due to aforesaid reasons, there was delay of 88 days in filing the appeal - there are no wilful latches or negligence in not filing the appeal within the statutory time limit and the delay was occurred due to genuine, compelling, bonafide and legitimate reasons - delay in filing of the appeal cannot be attributable to any latches on the part of the assessee, hence we condone the delay of 88 days Deduction u/s. 10(10C) disallowed - schemes of voluntary retirement of companies or authorities governing the payment of sums - last four conditions mentioned in Rule 2BA of I.T. Rules, 1962, has not been satisfied in this case - HELD THAT:- In the instant case, the assessee has failed to produce certificate from the employer (SBI) stating that the ‘exit option scheme’ is eligible for benefit of exemption u/s. 10(10C) and is in accordance with the guidelines formulated in Rule 2BA of the I.T. Rules. On the contrary, the certificate issued by the State Bank of India (employer of the assessee) along with the return of income in respect of the above scheme has clearly mentioned that the amount of ex gratia would be added to the total income of the employee for the year and income tax would be recovered at the applicable rate at source. The employer-Bank (SBI) has also deducted tax at source including the ex gratia granted to the employee at the time of retirement. In the certificate also, the retirement scheme is mentioned as ‘exit option scheme’ and there is no reference regarding fulfilment of conditions prescribed under Rule 2BA of the I.T. Rules, 1962 which stipulates the criteria for exemption u/s. 10(10C) Employer has deducted tax at source u/s. 192 of the I.T. Act on ex-gratia amount received and the employer has not vouched that the conditions mentioned under Rule 2BA has been cumulatively satisfied. Thus the assessee is not entitled to the benefit of exemption u/s.10(10C) - Decided against assessee.
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