TMI Blog2019 (11) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... mount to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. Petitioner, being a senior citizen, cannot be denied of the benefit of exemption under Section 10(10C) of the Act and the financial benefit that had accrued to the petitioner, 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. 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 u/s 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 89(1) of the IT Act. However, the relief of exemption under Section 10(10C) of the Act, to the extent of ₹ 5,00,000/- was not granted. The issue as to whether the persons, who retired under the scheme called Early Retirement Option are entitled to claim exemption or not under Section 10(10C) of the IT Act, had already been settled in favour of the retired employees by the Apex Court by its order dated 28.09.2015 made in Civil Appeal No.4411 of 2010. Without granting similar benefit to the petitioner, the impugned proceedings were issued only on the reason that the returns were filed belatedly. 4. The learned counsels appearing on either side fairly submitted that the issue involved in this case is squarely cov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , for the proper administration of the provisions of the Act and such Authorities and all other persons employed in the execution of this Act shall observe and follow such orders, instructions and directions of the Board. The Proviso carves out certain exceptions, under which circumstances, the Board will not issue instructions. 10. Clause (a) to Sub-Section (2) of Section 119 of the Act states that without prejudice to the generality of the power under Section 119(1), the the Board may, if it considers it necessary or expedient so to do, for the purpose of proper and efficient management of the work of assessment and collection of revenue, issue, from time to time (whether by way of relaxation of any o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that Clause (c) to Sub-Section (2) of Section 119 of the Act states that the Board may, if it considers it desirable or expedient so to do for avoiding genuine hardship in any case or class of cases, by general or special order, relax any requirement contained in any of the provisions contained in Chapter IV or Chapter VI-A of the Act, which deal with computation of total income and deductions to be made in computing the total income and such power is exercisable where the petitioner failed to comply with any requirement specified in such provision for claiming deduction thereunder, subject to the conditions that (i) the default is due to circumstances beyond the control of the assessee and (ii) the assessee has complied with the requirem ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
