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2011 (4) TMI 469

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..... J.   1. This order will dispose of ITA Nos. 125 of 2008 and 270 of 2009 as the question involved in both the appeals is common.   2. ITA No. 270 of 2009 has been filed by the revenue under Section 260A of the Income Tax Act, 1961 (in short "the Act") against order dated 5.7.2007 passed by the Income Tax Appellate Tribunal, Chandigarh Bench "B" (hereinafter referred to as "the Tribunal .....

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..... equently, the assessee also claimed relief under Section 89(1) of the Act on the balance portion. He claimed that Rule 2BA of the Income Tax Rules (in short "the Rules") was applicable. The Assessing Officer allowed relief under Section 89(1) of the Act but did not allow exemption under Section 10(10C). On appeal, the CIT (A) upheld the order of the Assessing Officer but on further appeal the plea .....

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..... ction 89(1) has been allowed by the Assessing Officer. Only question is about applicability of Section 10(10C) of the Act. A perusal of Section 10(10C) clearly shows that the amount received by the employees of Public Sector Company or statutory authority is covered by exemption upto Rs.5 lacs. The very same scheme having been held to be covered by Section 10 (10C) of the Act by the Bombay High Co .....

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