2022 (7) TMI 1537 - HC - Income Tax

Taxability of benefits being granted on the voluntary retirement - whether the individual retired as Managing Director or Advisor and eligibility of voluntary retirement benefits? - Tribunal said when the assessee did not draw any salary even for half a day for working as an Advisor there is no question of any amount being worked for permissible deduction under Section 10(10C) - HELD THAT - The assessee preferred appeal before the CIT(A) who had elaborately taken note of the factual position and in our view rightly come to the conclusion that the application for voluntary retirement dated 10th December 1992 was accepted by the employer of the assessee with effect from 31 st December 1992 on which date the appellant/assessee was to retire voluntarily as Managing Director of the Durgapur Steel Plant The revenue was not in a position to dislodge the factual finding which was recorded by the CIT(A). However the tribunal without appreciating the factual position erroneously reversed the order on the flimsy ground the assessee did not draw any salary even for a half day i.e. 1st January 1993. The tribunal missed an important fact as regards the actual date of retirement on voluntary basis. We are of the view that the order passed by the tribunal was erroneous perverse and calls for interference. Assessee appeal allowed.

Summary

Issues:
Interpretation of retirement date for tax implications under the Income Tax Act, 1961.
Taxability of voluntary retirement benefits received by an individual.
Validity of tribunal's decision based on factual inaccuracies regarding salary withdrawal date.

Analysis:
The High Court of Calcutta heard an appeal under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal related to the assessment year 1993-94. The substantial questions of law examined were whether the individual retired as Managing Director or Advisor and the taxability of voluntary retirement benefits. The Court noted that the assessing officer initially ruled against the assessee, but the Commissioner of Income Tax (Appeals) correctly determined that the retirement date was on 31st December, 1992, and the individual retired as an Advisor, not a Managing Director. The tribunal's decision was criticized for inaccurately focusing on the salary withdrawal date of 1st January, 1993, without considering the actual retirement date. The Court found the tribunal's decision to be erroneous and reversed it.

The Court emphasized that the factual findings by the CIT(A) regarding the retirement date were crucial and undisputed. Despite this, the tribunal erred in reversing the decision based on the individual not drawing a salary on 1st January, 1993. The Court clarified that the individual retired as an Advisor and was entitled to voluntary retirement benefits in that capacity. The tribunal's failure to appreciate this fact led to an erroneous decision. Consequently, the Court allowed the appeal, answered the substantial questions of law in favor of the assessee, and restored the order of the CIT(A)-VIII, Kolkata dated 30th March, 1999.