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TMI Blog2012 (6) TMI 806X X X X Extracts X X X X X X X X Extracts X X X X ..... is covered by s. 89, he will get both the benefits, which he has claimed for. - I.T.A. No.122/Ahd/2010 - - - Dated:- 29-6-2012 - Shri D.K. Tyagi, Judicial Member and Shri T.R. Meena, Accountant Member For the Appellant : Sri J.P. Jangid, Sr. D.R. For the Respondent : Sri Umaid Singh Bhati, A.R. ORDER PER : D.K. TYAGI, JUDICIAL MEMBER This is Revenue s appeal against the order of ld. CIT(A)-XXI, Ahmedabad dated 13.11.2009. 2. The only effective ground taken by the Revenue is as under: The ld. CIT(A) has erred in law and on facts in deleting the addition of ₹ 5,00,000/- u/s 10(10C) of the I.T. Act, 1961. 3. Brief facts of the case are that assessee is an employee of S.B.I. He opted voluntarily r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ying on the decision of the Hon'ble Bombay High Court in the case of CIT vs. Nagesh Devidas Kurkarni 291 ITR 407 (Bom) and CIT vs. Koodathi Kaliyatan Ambujaksan 219 CTR 80, decision of Hon'ble Madras High Court in the case of CIT vs. G V Venugopal 273 ITR 307 (M ad), CIT vs. S Sunder others 284 ITR 687, CIT vs. J Ramamani 286 ITR 616 and CIT vs. M Abdulkarim 311 ITR 162 and Hon'ble Karnataka High Court in the case of CIT Others vs. P Surendra Prabhu 279 ITR 402 and Kerala High Court in the case of State Bank of Travancore vs. CBDT 282 ITR 587. The Learned Assessing Officer disallowed the deduction to the assessee observing that all the decisions relied upon by the assessee are of non-jurisdictional High Courts and there is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to include any amount of compensation due or received by the assessee from his employer or former employer in connection with the termination of his employment. Hence, payment under the voluntary retirement scheme is covered by the word ' salary , which has been given a very wide definition in s. 17. Since the assessee is covered by s. 89, he will get both the benefits, which he has claimed for. Apart from the above, it is wellsettled that if two reasonable interpretations of taxing statutes are possible, the one in favour of the assessee should be accepted. -CIT vs. Naga Hills Tea Co. Ltd. 1973 CTR (SC) 329 : AIR 1973 SC 2524 applied. 8 Further, in my considered opinion, if there is a decision on an issue of any High Court and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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