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2012 (12) TMI 753 - AT - Income TaxStatutory exemption u/s 10(10C) disallowance as VRS Benefit exceeding T.D.S. certificate amount - Held that - Decided in favour of assessee relying on Sail Dsp Vr Employees Association 1998 Versus Union of India And Others. 2003 (2) TMI 46 - CALCUTTA HIGH COURT wherein held that it is a deferred payment of the benefit receivable under the voluntary retirement scheme. Therefore, it would not be payment of salary outside the scope of section 10(10C). The characteristic cannot be changed because of stretching over the period of payment of dues under the scheme - against revenue. Claim u/s 10(10AA) as well as relief u/s 89(1) disallowance for want of evidence - Held that - CIT(A) not justified in refusing the claim of assessee by simply stating that the revised computation was filed on 30.10.2006 and the time limit for filing revised return was available upto 31.03.2005. It is further observed that in order to claim relief u/s 89(1) of the IT Act the assessee is supposed to furnish the details in the prescribed form. Therefore, in the interest of justice we set aside both the issues to the file of AO to decide the same after giving a reasonable opportunity of being heard to assessee. Charging of Interest u/s 234D Held that - AO is directed to re-compute the same after giving effect to this order - appeal of assessee is partly allowed for statistical purposes.
Issues:
1. Disallowance of statutory exemption u/s 10(10C) of the IT Act. 2. Disallowance of exemption on account of encashment of leave u/s 10(10AA) of the IT Act. 3. Disallowance of relief u/s 89(1) of the IT Act. 4. Charging of interest u/s 234D of the IT Act. Issue 1: Disallowance of statutory exemption u/s 10(10C) of the IT Act: The appellant contested the disallowance of Rs.5,00,000 claimed u/s 10(10C) of the IT Act due to VRS benefits exceeding the permissible limit. The AO and CIT(A) disallowed the claim based on the non-satisfaction of Rule 2BA conditions. However, the appellant cited various judicial pronouncements supporting their claim. The Tribunal observed that the issue was in favor of the appellant based on High Court precedents and ITAT decisions. Consequently, the Tribunal set aside the orders of the revenue authorities and allowed the appeal. Issue 2: Disallowance of exemption on account of encashment of leave u/s 10(10AA) of the IT Act: The AO disallowed Rs.1,54,611 claimed u/s 10(10AA) due to discrepancies in the nature of the payment received by the employee. Similarly, the AO disallowed relief u/s 89(1) of Rs.28,029 for lack of supporting evidence. The CIT(A) upheld the AO's decision, stating that the claims were not made in the original return and were submitted later, exceeding the permissible time for revised returns. However, the Tribunal disagreed with the CIT(A) and remanded both issues back to the AO for reconsideration, emphasizing the need for a reasonable opportunity for the appellant to be heard. Issue 3: Disallowance of relief u/s 89(1) of the IT Act: The appellant's claim for relief u/s 89(1) was disallowed by the AO and confirmed by the CIT(A) due to the claim not being made in the original return and being submitted after the permissible time for revised returns. The Tribunal disagreed with this decision and remanded the issue back to the AO for proper consideration, emphasizing the importance of providing the appellant with a fair opportunity to present their case. Issue 4: Charging of interest u/s 234D of the IT Act: In light of the decisions on the previous issues, the Tribunal directed the AO to re-compute the interest charged u/s 234D after considering the outcomes of the re-evaluation of the other issues. The appeal was partly allowed for statistical purposes, with the Tribunal emphasizing the need for a fair and thorough reconsideration of all relevant aspects. This detailed analysis of the judgment highlights the specific issues raised by the appellant, the arguments presented, the decisions of the authorities involved, and the final rulings of the Tribunal, providing a comprehensive overview of the legal proceedings and outcomes.
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