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2015 (2) TMI 1163 - HC - Income TaxExemption under Section 10(10C) - Held that - Issues arising in present appeal are covered against the revenue as Exit Option Scheme of S.B.I. Employees fulfill all the conditions laid down in Rule 2BA r.w.s. 10(10C) of the I.T. Act, 1961. See Vijay Ganpatrao Patil case 2015 (11) TMI 868 - BOMBAY HIGH COURT - Decided in favour of assessee
Issues:
Appeal challenging the order of the Income Tax Appellate Tribunal for Assessment Year 2008-09 regarding exemption under Section 10(10C) and partial satisfaction of Rule 2BA of the Income Tax Rules, 1962. Analysis: The appeal under Section 260A of the Income Tax Act, 1961 was filed by the revenue challenging the order dated 30 August 2012 by the Income Tax Appellate Tribunal for the Assessment Year 2008-09. The questions of law proposed for consideration revolved around the justification of the Tribunal in upholding the claim of the assessee for exemption under Section 10(10C) and whether partial satisfaction of Rule 2BA of the Income Tax Rules, 1962 would entitle an assessee to relief under Section 10(10C). The Tribunal's decision was based on a previous case, and the revenue's appeal was dismissed as it was covered against them by a decision rendered by the Court in a similar case. The impugned order of the Tribunal was dismissed by following a previous decision in another case. The revenue had appealed against this order to the Court, and the Court had already dismissed the appeal in the previous case. It was noted that the issues arising in the present appeal were covered against the revenue by the decision in the previous case. Therefore, it was concluded that no substantial question of law arose for consideration, leading to the dismissal of the appeal with no order as to costs. In conclusion, the High Court dismissed the appeal filed by the revenue challenging the Tribunal's order regarding exemption under Section 10(10C) and the partial satisfaction of Rule 2BA of the Income Tax Rules, 1962 for the Assessment Year 2008-09. The Court found that the issues raised were already covered against the revenue by a previous decision, leading to the dismissal of the appeal with no costs awarded.
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