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2015 (9) TMI 1116 - CALCUTTA HIGH COURT

2015 (9) TMI 1116 - CALCUTTA HIGH COURT - TMI - Additional Conveyance allowance - whether is an eligible exemption under section 10(14) in view of circular no.701 dated 20.03.1995 and guideline framed by the CBDTF No.275/11/2001-IT(B) dated 1.02.2001 ? - Held that:- There is no dispute that, as evident from the notification dated 9th June, 1989, any allowance granted to meet the expenditure incurred on conveyance in the performance of duties of office or employment of profit shall qualify for de .....

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nce allowance under section 10(14)(i), the Tribunal was not justified in dismissing the appeal filed by the Revenue.

Though the CIT (A) in his order had observed that there are some judgements of the ITAT on this issue and though the Tribunal had held that the issue is covered by the orders passed by the Coordinate Benches of the Kolkata Tribunal and of various High Courts, however, but we are constrained to observe that there is no such reference in the orders passed by the CIT(A) an .....

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on the facts and in the circumstances of the case Tribunal was justified in law in upholding the order of Commissioner of Income Tax (Appeals) allowing the Additional Conveyance allowance as an eligible exemption under section 10(14) of the Income Tax Act, 1961 in view of circular no.701 dated 20.03.1995 and guideline framed by the CBDTF No.275/11/2001-IT(B) dated 1.02.2001 ? Since there are typographical mistakes, the question no.2 is reformulated in the manner as under : Whether on the facts .....

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llowance is concerned, no absolute inference can be drawn that the same was incurred by the assessee on conveyance only for the promotion of new business ? In the instant case, the assessee, working as a Development Officer in the Life Insurance Corporation of India ( for short the LIC ) had received a sum of ₹ 3,74,013/- from his employer as additional conveyance allowance. In view of two certificates issued by the concerned branch of LIC, exemption was sought for under section 10(14)(i) .....

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for the Assessing Officer s action in not giving exemption for the conveyance allowance and additional conveyance allowance as per the certificate u/s 203 in Form no.16 and also an exclusive certificate given by the employers with regard to the balance additional conveyance allowance of ₹ 3,74,013/-. The ITAT s judgements in similar cases as also my own decision in a number of such cases relied upon in support of the case. I have considered the submissions made and looked into the material .....

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f the concerned branch. The assessing officer is directed to treat both the receipts ₹ 24,564/- and ₹ 4,08,413/- as exempt u/s.10(14) of the I.T.Act. The total income would be reduced to ₹ 11,90,723/- (Rs.16,23,700/- minus ₹ 24,564/-) say, ₹ 11,90,720/-. It has to be noted that the total income is lesser than the total income returned at ₹ 12,49,490/- by the sum of ₹ 58764/- because the appellant had, inadvertently (in the computation of income) not clai .....

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The Tribunal dismissed the appeal by holding as under : Therefore, the issue having been adjudicated and supported by a plethora of judgement the revenue s appeal is devoid of merits. We have considered the rival submissions and perused the material available on record. We do find that this issue has been dealt with by the ITAT, Kolkata Benefits wherein on the basis of certificate issued by the employer to the D.O. was considered as the ultimate liability to claim exemption which was produced be .....

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ich also supported the decision of the various High Courts as cited on by the Ld.counsel, we have no hesitation in dismissing the appeal filed by the revenue. In the result, the appeal filed by the revenue is dismissed. Md.Nizamuddin, learned advocate for the appellant, relying on the judgement of Commissioner of Income Tax v. E.A.Rajendran reported in 235 ITR 514 has submitted that since no notification has been issued by the Central Government as postulated under section 10(14)(i) exempting ad .....

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