2019 (12) TMI 1224 - AT - Income Tax

Exemption on account of Gratuity and leave encashment u/s 10(10)(i) and 10(10AA)(i) - HELD THAT - Assessee was an employee of Chaudhary Charan Singh Haryana Agricultural University, Hisar, a State University, established under The Haryana and Punjab Agricultural Universities Act, 1970 and notified under University Grants Commission. The Tribunal in case of Ram Kanwar Rana 2016 (6) TMI 687 - ITAT DELHI held that the exemption u/s 10(10)(i) and 10(10AA)(i) are available to the assessee in respect of the arrears of gratuity and dismissed the grounds about the initiation of the re-assessment. Similar view has been taken in several decisions including Raghubir Singh Panghal vs. ITO 2016 (6) TMI 1163 - ITAT DELHI . As in the present case also the assessee is found to be an employee holding a civil post under a State, therefore, the provisions of Section 10(10)(i) of the Act are attracted in this case and the assessee is entitled to exemption in respect of gratuity amount received in total upto ₹ 10 lac which covers a sum of ₹ 6,50,000/- received during the year. As regards the arrears of leave encashment, it is also on the same footing to that of exemption claimed under Section 10(10)(i). Therefore, the assessee is entitled for the exemption claimed under Section 10(10)(i) and 10(10AA)(i) of the Act. The CIT(A) as well as the Assessing Officer was not right in disallowing the same - Decided in favour of assessee.

Summary

Issues involved:
Initiation of reassessment proceedings under section 147, Disallowance of exemption claimed under sections 10(10)(i) and 10(10AA)(i) for gratuity and leave encashment received after retirement.

Analysis:
1. Initiation of reassessment proceedings under section 147:
The assessee filed an appeal against the order passed by the CIT(A) for the assessment year 2011-12. The grounds of appeal included challenges to the initiation of proceedings under section 147 of the Income-tax Act, 1961. The appellant contended that the Assessing Officer initiated proceedings under section 147 without any valid reason to believe that income had escaped assessment. Additionally, the appellant argued that the Assessing Officer did not dispose of the objection to reopening by speaking order. However, during the hearing, the Ld. AR did not press these grounds, and they were dismissed. The Tribunal considered previous judgments, such as the case of Ram Kanwar Rana vs. ITO, where it was held that exemption under sections 10(10)(i) and 10(10AA)(i) is available to employees of State Universities like the assessee. Consequently, the Tribunal dismissed the grounds related to the initiation of reassessment proceedings.

2. Disallowance of exemption claimed under sections 10(10)(i) and 10(10AA)(i) for gratuity and leave encashment received after retirement:
The Assessing Officer made additions to the returned income of the assessee on account of gratuity and leave encashment received after retirement. The CIT(A) upheld the additions, stating that the assessee was not a State Government employee. However, the Ld. AR argued that the assessee, being an employee of a State University, was entitled to exemption under sections 10(10)(i) and 10(10AA)(i) of the Income Tax Act, 1961. The Tribunal agreed with the Ld. AR's contention and referred to various decisions, including Raghubir Singh Panghal vs. ITO, supporting the exemption claim for employees of State Universities. The Tribunal held that the assessee, being an employee of a State University, was eligible for the exemption under Section 10(10)(i) for gratuity and leave encashment received after retirement. Consequently, Ground No. (iv) was allowed, and the appeal was partly allowed.

In conclusion, the Tribunal ruled in favor of the assessee, allowing the exemption claimed under sections 10(10)(i) and 10(10AA)(i) for gratuity and leave encashment received after retirement. The initiation of reassessment proceedings under section 147 was dismissed as the assessee was found to be entitled to the exemptions as per the relevant provisions of the Income Tax Act, 1961.