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2015 (6) TMI 1127 - AT - Income TaxExemption u/s 10(10C) – Held that:- Decision of the I.T.A.T., Chandigarh Bench rendered in the case of Shri Bikram Jit Passi (2012 (11) TMI 214 - ITAT, CHANDIGARH) is squarely applicable to the facts of the present case. Respectfully following the above order of the Tribunal, allow the claim of the assessee holding that the authorities below were not justified in disallowing the amount of ₹ 5 lacs under section 10(10C) of the Act. - Decided in favour of assessee. Disallowance of leave encashment which was claimed as exempt under section 10(10AA) - AO had made the disallowance disputing the calculation made by the employer of the assessee - Held that:- There was no justification in disputing the calculation made by the employer of the assessee, particularly when the employer had allowed the said amount as a deduction after computing the same under the provisions of the law, which fact also stands admitted by the Assessing Officer. It is clear that the assessee had received an amount of ₹ 2,14,167/- as leave encashment and, therefore, there was no justification on the part of the Assessing Officer to dispute the calculation made by the employer of the assessee. No clarification has been sought from the employer Bank. In that view of the matter, I do not see any reason for making disallowance of ₹ 24,295/- out of the amount of ₹ 2,14,167/- received by the assessee on account of leave encashment from his employer.
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