2014 (1) TMI 288 - AT - Income Tax

Exemption u/s 10(10C) - Held that - provisions of s.10(10C) are to be interpreted liberally in a manner which is beneficial to retired employees - Following CIT vs. Nagesh Devidas Kulkami 2007 (4) TMI 205 - BOMBAY High Court - The assessee is entitled to the exemption under s.10(10C) of the Act and also rebate under S. 89 of the Act in respect of the amount received in excess of Rs.5, 00, 000 on account of voluntary retirement - Decided in favour of assessee.

Summary

Issues:
1. Non-acceptance of existing binding judgments of different Income-tax Appellate Tribunals.
2. Disallowance of exemption under section 10(10C) by AO and CIT(A).
3. Interpretation of Rule 2BA of Income Tax Rules regarding VRS schemes.
4. Non-consideration of Supreme Court judgment regarding following orders of higher appellate authorities.
5. Ignoring Bombay High Court decision on public sector banks VRS schemes.
6. Validity of order issued by CIT II Thane on the directions of Bombay High Court.
7. Compliance with Rule 2BA in the SBI Exit Option Scheme.

Analysis:
1. The appeal was filed by the assessee against the CIT(A)'s order for the assessment year 2007-08, challenging the non-acceptance of binding judgments of various Income-tax Appellate Tribunals in favor of the assessee.
2. The assessee, an ex-employee of State Bank of India, claimed exemption under section 10(10C) in the revised return, which was disallowed by the AO and upheld by CIT(A).
3. The issue revolved around the compliance of the VRS scheme with Rule 2BA of Income Tax Rules, with the AO contending that the VRS by the Bank did not adhere to the prescribed guidelines.
4. The assessee argued that the Supreme Court's judgment emphasized following orders of higher appellate authorities unreservedly, supporting the claim under section 10(10C).
5. The non-consideration of the Bombay High Court decision on public sector banks VRS schemes was cited as a ground for allowing the claim under section 10(10C).
6. The validity of the order issued by CIT II Thane, as per the directions of Bombay High Court, supporting the allowability of the claim under section 10(10C) for SBI Exit Option employees was highlighted.
7. The Tribunal referred to similar cases where the issue was decided in favor of the assessee, emphasizing the applicability of judgments supporting the exemption under section 10(10C) based on the scheme's compliance with Rule 2BA.

This detailed analysis covers the key issues raised in the judgment, providing a comprehensive understanding of the legal arguments and decisions made by the authorities involved.