TMI Blog2006 (3) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... n 89(1) – held that there was no prohibition to the twin benefits in respect of the amount received under the voluntary retirement scheme. - Tribunal was right in holding that the assessee is eligible to claim simultaneous benefit under section 10(10C) as well as section 89(1) in respect of the compensation received under the voluntary retirement scheme - - - - - Dated:- 3-3-2006 - Judge(s) : P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed, section 89(1) cannot be invoked. On appeal at the instance of the assessee, the Commissioner of Income-tax (Appeals), taking the view that it is possible to interpret the sections both ways, and where there is an ambiguity, the benefit should be given to the taxpayer, allowed the appeal, which was confirmed by the Income-tax Appellate Tribunal, on appeal by the Revenue. Aggrieved by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ef under section 89 had been spread over several years, did not mean that the relief was not in respect of a particular assessment year. There was no prohibition to the twin benefits in respect of the amount received under the voluntary retirement scheme. The relief contemplated under section 89(1) is aimed to mitigate hardship that may be caused on account of the high incidence of tax due to prog ..... X X X X Extracts X X X X X X X X Extracts X X X X
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