9911796707
TMI Blog1984 (8) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... be awarded to the respondent which may sufficiently compensate the respondent for loss of future service and back wages. On this submission, we invited Mr. S. S. Khanduja, learned counsel for the respondent to state what would be the adequate compensation in lieu of reinstatement. Mr. Khanduja gave some rough calculations. Having examined the calculations, we are satisfied that the appellant shall pay Rs. 2,25,000 (Rupees two lakhs and twenty-five thousand) to the respondent within two weeks from today. The amount of compensation thus awarded includes interest, costs, back-wages and compensation in lieu of reinstatement. In other words, the respondent has no further claim against the appellant. The amount calculated as compensation by thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he rates in force for the financial year in which the payment is made, on the estimated income of the assessee under the head " Salaries " for that financial year. After drawing our attention to s. 89 of the I.T. Act, 1961, which provides that it where, by reason of any portion of an assessee's salary being paid in arrears or in advance or by reason of his having received in any one financial year salary for more than twelve months or a payment which under the provisions of clause (3) of s. 17 is a profit in lieu of salary, his income is assessed at a rate higher than that at which it would otherwise have been assessed, the ITO shall, on an application made to him in this behalf, grant such relief as may be prescribed ", he proceeded to sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der s. 89 and dispose of the proceedings within period of three months from the date of the application, so that the spirit and purpose of our judgment and order would be implemented without unnecessary delay and the agony and torture of unemployment heaped upon the lowly paid respondent-Ameerjan from 1970 be relieved. Having given the aforementioned directions, we consider it unnecessary to accept the alternative submission of Mr. Ramamurthy that if the concerned ITO is unable to grant relief within the prescribed time as provided under the Act, the appellant will have to make the necessary payments as per the provisions of the I.T. Act to the Central Government and the Central Government will, in turn, make the payment to the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
