Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2012 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (12) TMI 753 - AT - Income TaxStatutory exemption u/s 10(10C) – disallowance as VRS Benefit exceeding T.D.S. certificate amount - Held that:- Decided in favour of assessee relying on Sail Dsp Vr Employees Association 1998 Versus Union of India And Others.[2003 (2) TMI 46 - CALCUTTA HIGH COURT] wherein held that it is a deferred payment of the benefit receivable under the voluntary retirement scheme. Therefore, it would not be payment of salary outside the scope of section 10(10C). The characteristic cannot be changed because of stretching over the period of payment of dues under the scheme - against revenue. Claim u/s 10(10AA) as well as relief u/s 89(1) – disallowance for want of evidence - Held that:- CIT(A) not justified in refusing the claim of assessee by simply stating that the revised computation was filed on 30.10.2006 and the time limit for filing revised return was available upto 31.03.2005. It is further observed that in order to claim relief u/s 89(1) of the IT Act the assessee is supposed to furnish the details in the prescribed form. Therefore, in the interest of justice we set aside both the issues to the file of AO to decide the same after giving a reasonable opportunity of being heard to assessee. Charging of Interest u/s 234D – Held that:- AO is directed to re-compute the same after giving effect to this order - appeal of assessee is partly allowed for statistical purposes.
|