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TMI Blog2018 (7) TMI 1175X X X X Extracts X X X X X X X X Extracts X X X X ..... 3.The learned counsel for the petitioner submitted that an identical issue was considered by this Court in respect of a similarly placed retired employee of ICICI bank in W.P.No.42385 of 2016 filed by Thiru S.Sevugan Chettiar. The said writ petition was partly allowed by order dated 02.12.2016 and prays that similar directions may be issued in this writ petition as well. 4.The learned Standing counsel appearing for the respondents, by referring to the counter affidavit filed by the second respondent, vehemently contended that the petitioner ought to have filed a revised return for the assessment year 2004-05, as per Sec.139(5) of the Income Tax Act, on or before 31.03.2006. But the return was filed on 30.01.2018. The assessing officer has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2016 with a view to grant relief to the retirees of the ICICI Bank under the Early Retirement Option Scheme. Several persons, who had filed writ petitions before the Madurai Bench of this Court, have been granted the relief. In fact, in those orders, the Court took into consideration the decision of the Hon'ble Supreme Court and granted the relief. 9. The circular issued by the Central Board of Direct Taxes is in exercise of the powers conferred under Section 119 of the Act. The said provision deals with instructions to Subordinate Authorities. Sub-Section (1) of Section 119 of the Act states that the Board may, from time to time, issue such orders, instructions and directions to other Income Tax Authorities, as it may deem fit, for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee namely S.Palaniappan, who was also a similarly placed person as that of the petitioner. Thus, the Board, in its wisdom, while implementing the judgement in the case of S.Palaniappan, took a decision that such a benefit should be extended to the similarly placed persons treating them as class of cases. Therefore, the Board observed that the order should be communicated to all the Commissioners, so that relief can be granted to such retirees of the ICICI Bank. Thus, the petitioner cannot be non-suited solely on the ground that he had filed a revised return well beyond the period stipulated under Section 139(5) of the Act. 12. Furthermore, it is relevant to point out that Clause (c) to Sub-Section (2) of Section 119 of the Act states tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner, which would be more than a lakh of rupees. Therefore, this Court is of the view that the third respondent should grant the benefit of exemption to the petitioner. 15. Accordingly, the writ petition is partly allowed, the impugned order is set aside and the third respondent is directed to grant the benefit of exemption under Section 10(10C) of the Act and refund the appropriate amount to the petitioner, within a period of three months from the date of receipt of a copy of this order. Considering the facts and circumstances of the case, the prayer for interest is rejected. No costs." 6.A reading of the above paragraphs will clearly show that all the contentions which were advanced by the second respondent in the counter affidavit hav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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