TMI Blog2005 (9) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... o the exemption admissible under s. 10(10C) of the Act when in the light of clarification issued by the Board vide Instruction F. No. 174/5/2001-02, dt. 23rd April, 2001, such relief is not admissible as the mistake of law is also an apparent mistake and the CBDT is empowered to interpret the law." 4. The brief facts of the case are that the assessee is an ex-employee of SBBJ. On voluntary retirement, he received ex gratia of Rs. 7,36,123 and the return was filed and processed under s. 143(1) claiming a relief of Rs. 61,540 over and above deduction of Rs. 5,00,000 under s. 10(10C) of the Act. The AO withdrew the claim under s. 89(1) with a view that the same is not allowed vide CBDT Instruction F. No. 174/5/2001, dt. 23rd April, 2001 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n withdrawing the relief under s. 154 by rectifying as a mistake being mistake apparent from record. 9. As per s. 17(3)(i), profit in lieu of salary includes: "the amount of any compensation due to or received by an assessee from his employer or former employer at or in connection with termination of his employment or the modification of terms and conditions relating thereto." The termination of service can take place either by the resignation or by dismissal or by compulsory retirement or on attaining superannuation and there is no justification to confine the meaning of word 'termination' only to cases of voluntary retirement or superannuation. Sec. 89(1) r/w s. 17(3) are beneficial provisions intended to give certain benefits to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther, there are no specific or express provisions laid down in the Act that when exemption is allowed under s. 10(10C), the relief under s. 89(1) is not allowable. In this connection, the reference can be made to other provisions of the Act where twin or double benefits have been curtailed by the statute wherever the statute has specifically so intended, e.g., where a deduction has been allowed under s. 80CCC, a rebate with reference to such amount cannot be allowed under s. 88. In respect of the amount received under VRS, there is no specific curtailment of benefits regarding exemption under s. 10(10C) and relief under s. 89(1) of the Act. Basically, relief contemplated under s. 89(1) is aimed to mitigate hardship that may be caused on a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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