9911796707
TMI Blog2014 (8) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... 77; 5,00,000/- u/s 10(10C) of the Act –the AO in view of Circular No. CIRDO/HR/72/2006-07 dated 8.8.2006 of Human Resources Department held that the ex gratia payment will be added to the income of the employee made the addition - CIT(A) also affirmed the stand taken by the AO – Relying upon SAIL DSP Vs Employees Association Vs Union of India [2003 (2) TMI 46 - CALCUTTA High Court] - the assessee entitled to exemption u/s 10(10C) of the Act – Decided in favour of Assessee. - ITA No. 5806/Del/2011 - - - Dated:- 7-8-2014 - Sh. S. V. Mehrotra, AM And Sh. Joginder Singh, JM,JJ. For the Petitioner : Sh. S. K. Chaturvedi, CA For the Respondent : Sh. S. N. Bhatia, DR ORDER Per Joginder Singh, JM: This is an appeal by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment have not been stated nor communicated to the appellant. The notice so issued is bad in law and no assessment could have been made on the basis of invalid notice. 4. That it has been held by the Hon ble I.T.A.T. Delhi in the case of M/s Delhi Auto Gen. Finance (P) Ltd. Vs CIT (1994) 122 Taxation 124, that an order u/s 143(1)(a) was an order of assessment so long as not struck down as an invalid order. In the present case the order u/s 143(1)(a) was never struck down as an invalid order and merely on the basis of change of opinion assessment has been reopened which is not permissible under law. By going through the assessment record it is very much clear that the claim of exemption u/s 10(10C) was allowed by the L. Assessing Authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erred under law in not considering and giving a proper thought on the point of exemption claimed u/s 10(10C) in the light of various legal objections raised against proceedings u/s 147 and various judicial pronouncements and documentary evidence relied upon by the appellant in support of his claim of exemption allowable u/s 10(10C) with further relief u/s 89(1). 8. That without prejudice to the plea that proceedings initiated u/s 147 are against the settled principles of law and the assessment order so completed is liable to be quashed, the appellant is entitled for exemption u/s 10(10C) with further relief u/s 89(1) of the Act as claimed. 2. At the time of hearing we have heard Shri S. K. Chaturvedi, ld. Counsel for the assessee and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 50,211/- and claimed exemption of ₹ 5,00,000/- u/s 10(10C) of the Act. The Assessing Officer in view of Circular No. CIRDO/HR/72/2006-07 dated 8.8.2006 of Human Resources Department held that the ex gratia payment will be added to the income of the employee and thus, made the addition. On appeal, the ld. CIT(A) also affirmed the stand taken by the ld. Assessing Officer. The aggrieved assessee is in appeal before this Tribunal. We note that this issue is already settled by various judicial pronouncements in favour of the assessee some of them are as under:- i) SAIL DSP Vs Employees Association Vs Union of India 262 ITR 638 (Cal) ii) DCIT Vs Krishna Gopal Saha 121 ITD 368 (Cal) (TM) 5. Without adverting further and respectfully ..... X X X X Extracts X X X X X X X X Extracts X X X X
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