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2019 (11) TMI 218 - HC - Income TaxExemption u/s 10(10C) - revised return was filed after the time limit prescribed - request for refund - whether the persons, who retired under the scheme called "Early Retirement Option" are entitled to claim exemption or not under Section 10(10C) ? - HELD THAT:- The issue involved in this case is squarely covered by the decision of the Apex Court made in S.Palaniappan Vs. Income Tax Officer, Chennai, [2015 (10) TMI 405 - SUPREME COURT] respondents are directed to grant the benefit of exemption under Section 10(10C) of the IT Act and refund appropriate amount to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. Petitioner, being a senior citizen, cannot be denied of the benefit of exemption under Section 10(10C) of the Act and the financial benefit that had accrued to the petitioner, which would be more than a lakh of rupees. Therefore, this Court is of the view that the third respondent should grant the benefit of exemption to the petitioner. Accordingly, the writ petition is partly allowed, the impugned order is set aside and the third respondent is directed to grant the benefit of exemption u/s 10(10C) of the Act and refund the appropriate amount to the petitioner, within a period of three months from the date of receipt of a copy of this order. Considering the facts and circumstances of the case, the prayer for interest is rejected.
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