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2012 (8) TMI 201

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..... ocates. S. RAVINDRA BHAT, J.: (OPEN COURT) 1. The Revenue claims to be aggrieved against the decision of the Income Tax Appellate Tribunal („ITAT‟ for short) dated 08.02.2010 whereby its appeal, directed against the Commissioner of Income Tax (Appeals) order was dismissed. 2. The only issue which arises for consideration is whether the tax paid on the facility of rent free accomm .....

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..... mployer in respect of this benefit is not eligible for exemption u/s 10(10CC) and is to be grossed up."  3. This Court notices that the combined reading of Rule 3 of Income Tax Rules, 1962 excludes the tax components borne in respect of the perquisite and rent free accommodation paid by the employer and this position appears to have been considered and benefit given by this Court in CIT v. T .....

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