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TMI Blog2013 (5) TMI 751X X X X Extracts X X X X X X X X Extracts X X X X ..... ions to make in all the appeals and, therefore, all the appeals can be considered together. 2. The facts as culled out from the orders and the lower authorities in ITA No. 2785/Ahd/2010 in the case of Naginbhai. R. Patel are as under:- 3. Assessee was an employee of State Bank of India. He filed his return of income for assessment year 07-08 on 26-7-2007 showing total income of Rs. 10,11,880/-. Subsequently the Assessee filed a revised return on 27-8-2007 declaring total income of Rs. 5,11,875/- after claiming exemption of Rs. 5 lacs under Section 10(10)(C) of the Act. The case was selected for scrutiny and, thereafter, the assessment was framed under Section 143(3) vide order dated 21.10.2009 and the total income was determined at Rs. 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... retirement from State Bank of India under the Exit Option Scheme. He further noticed that the bank had also deducted TDS while making ex-gratia payment to the Assessee. He further noted that in the revised computation of income, the Assessee has claimed exemption of ex-gratia payment of Rs. 5 lac under Section 10 (10C) of the Act but the Exit Option Scheme of State Bank of India did not fulfil the basic conditions as laid down in Rule 2 BA of the I.T. Rules and, therefore, the Assessee was not entitled to exemption u/s.10(10C). Since the assessee had failed to substantiate his claim for exemption, the Assessing Officer disallowed the assessee's claim. 5. Aggrieved by the aforesaid order of Assessing Officer, Assessee carried the matter be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case is that assessee was an employee of State Bank of India and had opted for voluntary retirement under Exit Option Scheme on 31- 1-2007 and claimed the ex-gratia as exempt u/s. 10(10C) and claimed decution of Rs. 5 lac. [12] Before us the assessee in its written submissions has also placed on record the copy of the decision in the case of ITO vs. Shri Kanaiyalal Vadilal Bhavsar, ITA No. 3276/Ahd/2009 wherein on identical facts co-ordinate Bench allowed the appeal of the assessee by relying on the decision of Madras High Court in the case of CIT vs. Venu Gopal 273 ITR 307 by holding as under:- "7. I have heard the rival submissions and perused the orders of the lower authorities and the materials available on record. In the instant cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a self contained unit. The assessment year in question in the present case is 2001-2002 and the exemption claimed is in respect of this assessment year, although the exemption granted under Section. 89 (1) has been spread over several assessment years. The mere fact that the relief has been spread over several years does not mean that the relief is not in respect of a particular assessment year. The tribunal has rightly pointed out that in the I.T. Act, there are several provisions granting twin or double benefits have been specifically prohibited. [8] Further, in my considered opinion, if there is a decision on an issue of any High Court and there is no contrary decision of any other High Court, then in absence of the same, even if ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... material on record. Since it is an admitted fact that the facts in all the present appeal are identical that of ITA No. 2785/Ahd/2010. We therefore for the similar reasons given in para 10 hereinabove, dismiss all the appeals of the Revenue. ITA No. 2809/Ahd/2010 In this case the ground raised by Revenue reads as under:- [1] The Ld. CIT(A) has erred in law and on facts in deleting the penalty levied of Rs. 1,40,662/- under section 271 (1) (C) of the Act 14. In this case, in the quantum proceedings, Assessing Officer disallowed Assessee's claim for deduction u/s10(10C) as according to Assessing Officer the ex-gratia payment received under Exit Option Scheme of State Bank of India did not qualify for deduction. On the aforesaid disallowa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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