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2006 (6) TMI 84 - HC - Income TaxMaintainability of petition – exemption u/s 10(10C) - Petition by an unregistered association, formed by the employees of the Reserve Bank of India, who have opted to retire under the "Optional Early Retirement Scheme" (OERS) framed by the Reserve Bank of India (RBI) - exemption under section 10(10C) with respect to ex gratia payment made to the employees denied on ground that scheme did not conform to the provisions of rule 2BA of the Income-tax Rules - assessees have filed appeals against the orders passed under section 154 and such appeals are pending. In this view of the matter, considering the availability of the adequate and effective alternate remedy of appeal, this is not a fit case to entertain this petition at this stage. Even otherwise, an unincorporated association is not a legal person and as such this writ petition is not maintainable at the instance of the petitioner-association
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