TMI Blog2016 (8) TMI 1436X X X X Extracts X X X X X X X X Extracts X X X X ..... against the order passed by the CIT(A) on 23.12.2015 in relation to the assessment year 2010-11. 2. The only issue pressed by the ld. AR in this appeal is against the denial of exemption in respect of the amount received by the assessee towards arrears of gratuity at Rs. 4,82,880/- and arrears of leave encashment amounting to Rs. 1,95,060/-. 3. Briefly stated, the facts of the case are that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enhanced to Rs. 10 lac for the persons retiring from service on or after 24.5.2010. Since the assessee retired before this cutoff date, the AO opined that the extended benefit of exemption was not available to the assessee. He jettisoned the claim of the assessee for exemption u/s 10(10) of the Act and held that the correct sections applicable were 10(10)(iii) and section 10(10AA)(ii). Since the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the exempt gratuity amount, which stood exhausted by the assessee in earlier year. Since the assessee was employed before 24.5.2010, the Notification issued by the CBDT enhancing the limit of Rs. 10 lac on gratuity u/s 10(10)(iii) was held to be not applicable. The assessee is aggrieved against the confirmation of denial of exemption made by the ld. CIT(A). 4. I have heard the ld. AR and perus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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