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2021 (1) TMI 377 - HC - Income TaxEntitled to claim deduction u/s 10 (10 C) (viii) and also under Section 89 (1) - amounts received as part of VRS - appellant admittedly took voluntary retirement - whether the amounts received by the petitioner under the Voluntary Retirement Scheme can be brought to tax under the Income Tax Act? - petitioner had filed return initially but he was issued with an intimation under Section 143(1) denying the relief under Section 89(1) - There was another intimation under Section 154 declining to revise the assessment - petitioner approached the Commissioner of Income Tax under Section 264 the said relief was declined - HELD THAT:- When the case is taken up today, learned counsel for the respondents reiterated the contention that Ext.P4 order cannot be found fault since the Officer has acted only in accordance with law when he rejected the rectification application, for the reason that it was filed after the decision of the jurisdictional High Court in favour of the assessee. At the same time, it is conceded that the intimations under Sections 143 and 154 were appealable under Section 246(A) of the Income Tax Act and appropriate remedy for the petitioner was to move an appeal. The writ petition is hence disposed of permitting the petitioner to file an appeal against the intimation dated 20.12.2001 under Section 143(1) and intimation dated 31.12.2003 under Section 154 within a period of three weeks from today. If such an appeal is filed, the same shall be treated as an appeal filed within time and concerned authority shall dispose of the same on merits.
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