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2018 (11) TMI 552

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..... accounts and vouchers/receipts are insisted upon to claim exemption under section 10(14) of the Act by the Income-tax authorities, it will lead to voidable waste of time and expenditure and would serve no useful purpose but on the contrary it would be counter-productive. We are of the opinion that the exemption claimed by the assessee has to be allowed. - ITA No. 242/VIZ/2017 And ITA No. 243/VIZ/2017 - - - Dated:- 9-11-2018 - SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER For The Assessee : Shri G.V.N. Hari Advocate. For The Department : Smt. Suman Malik Sr.DR ORDER PER V. DURGA RAO, JUDICIAL MEMBER These appeals by the different assessees are directed against t .....

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..... nces received by the assessee has incurred for the purpose, for it is received. 4. On being aggrieved, the assessee carried the matter in appeal before the Tribunal. 5. Ld. counsel for the assessee has submitted that the issue involved in this appeal is squarely covered by the decision of the coordinate bench of the tribunal in the case of K. Pullarao Vs. ITO in ITA No. 1647/HYD/1995, dated 31/01/2002, wherein the Tribunal has followed the decision of the Hon'ble Jurisdictional High Court in Appeal No. 117/1992 and submitted that same may be followed. Insofar as case-law relied on by the Assessing Officer in the case of B. Chinnaiah Others, is relating to incentive bonus, which is not applicable to the case of the assessee. 6 .....

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..... red the expenditure for which it is granted, will apply and it will not be necessary for the employees to submit accounts every month to the employer and along with return to the assessing authority. If, in such matters, filing of the accounts and vouchers/receipts are insisted upon to claim exemption under section 10(14) of the Act by the Income-tax authorities, it will lead to voidable waste of time and expenditure and would serve no useful purpose but on the contrary it would be counter-productive . The coordinate bench of the tribunal in the case of K. Pullarao (supra) has considered the ratio laid down by the decision of the Hon'ble Jurisdictional High Court and allowed the deduction claimed by the assessee. For the sake of conveni .....

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..... but on the contrary it would be counter-productive. The coordinate bench of the tribunal in the case of B. Chinnaiah Others (supra) has considered the ratio laid down by the Hon'ble Jurisdictional High Court and allowed the deduction claimed by the assessee. In this view of the matter, we hold that the additional conveyance allowance is exempt under section 10(14) of the Act. 9. By considering the facts and circumstances of the case and also keeping in view of the ratio laid down by the decision of the Hon'ble Jurisdictional High Court (supra), we are of the opinion that the exemption claimed by the assessee has to be allowed. Insofar as case-law relied on by the Assessing Officer in the case of B. Chinnaiah Others (supra .....

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