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TMI Blog2017 (3) TMI 1181X X X X Extracts X X X X X X X X Extracts X X X X ..... vant to A.Y. 2010-11, but the same was also included in his total income and tax was also deducted in A.Y. 2010-11. The assessee, in my opinion, thus was entitled to claim the exempt ion under section 10(10C) for A.Y. 2010-11 as claimed and not in A.Y. 2009-10 as held by the authorities below. Moreover, a mere fact that the exemption under section 10(10C) was not shown by the employer in Form No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the disallowance of assessee s claim for exemption of ₹ 5,00,000/- under section 10(10C) of the Income Tax Act, 1961. 2. The assessee in the present case is an individual , who was working as Deputy Manager (Finance), ISP, Ramnagar Colliery. He was released from the service of the Company with effect from 28th February, 2009 on voluntary retirement. In the return of income filed for the y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the assessee claiming exemption under section 10(10C) by way of rectification under section 154 was rejected by the Assessing Officer vide an order dated 17.06.2011. 3. Against the order passed by the Assessing Officer under section 154, an appeal was preferred by the assessee before the ld. CIT(Appeals), who upheld the order passed by the Assessing Officer under section 154 and dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us was entitled to claim the exempt ion under section 10(10C) for A.Y. 2010-11 as claimed and not in A.Y. 2009- 10 as held by the authorities below. Moreover, a mere fact that the exemption under section 10(10C) was not shown by the employer in Form No. 16 issued for A.Y. 2010-11, in my opinion, cannot be the basis for disallowing the claim of the assessee and that too while processing his return ..... X X X X Extracts X X X X X X X X Extracts X X X X
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