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2004 (5) TMI 36

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..... onditions of the officers of the bank they are entitled to LTC facilities including travel by air. The petitioner has filed this writ petition challenging the provisions of rule 2B(1)(a) of the Income-tax Rules making the difference between the air travel charges and the railway first class AC charges exigible to tax under the Income-tax Act, 1961 (for short "the Act"). According to the petitioner .....

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..... f, the petitioner cannot claim any exemption from tax in respect of the amount received. Sub-section (5) of section 10 of the Act provides that in computing the total income of a previous year in the case of an individual the value of any travel concession or assistance received by, or due to him, (a) from his employer for himself, his spouse and children, in connection with his proceeding on leav .....

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..... rom tax having regard to the travel concession or assistance granted to the employees of the Central Government. It is by virtue of this provision rule 2B has been issued. The petitioner is not able to point out any illegality in regard to the condition imposed in rule 2B(1)(a) as it stood prior to October 1, 1997. In these circumstances, I do not find any merit in this writ petition. It is accor .....

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