9911796707
TMI Blog2019 (11) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 10(10C) of the Income Tax Act, 1961, (for brevity "IT Act") was rejected on the reason that the revised return was filed after the time limit prescribed. 2. Heard both sides and perused the materials placed before this Court. 3. The case of the petitioner is as follows: The petitioner's husband was an ex-employee of ICICI Bank and also an Assessee under the IT Act. He died on 29.08.2019. The ICICI Bank introduced a scheme called "Early Retirement Option", which is voluntary retirement scheme and under that scheme, the petitioner's husband opted to retire and receive the terminal benefits. He had filed his original returns under Section 143(3) of the IT Act, for the year 2004-2005 on 08.07.2004, claiming the relief und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly Retirement Option Scheme. Several persons, who had filed writ petitions before the Madurai Bench of this Court, have been granted the relief. In fact, in those orders, the Court took into consideration the decision of the Hon'ble Supreme Court and granted the relief. 9. The circular issued by the Central Board of Direct Taxes is in exercise of the powers conferred under Section 119 of the Act. The said provision deals with instructions to Subordinate Authorities. Sub-Section (1) of Section 119 of the Act states that the Board may, from time to time, issue such orders, instructions and directions to other Income Tax Authorities, as it may deem fit, for the proper administration of the provisions of the Act and such Authorities and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner. Thus, the Board, in its wisdom, while implementing the judgement in the case of S.Palaniappan, took a decision that such a benefit should be extended to the similarly placed persons treating them as class of cases. Therefore, the Board observed that the order should be communicated to all the Commissioners, so that relief can be granted to such retirees of the ICICI Bank. Thus, the petitioner cannot be non-suited solely on the ground that he had filed a revised return well beyond the period stipulated under Section 139(5) of the Act. 12. Furthermore, it is relevant to point out that Clause (c) to Sub-Section (2) of Section 119 of the Act states that the Board may, if it considers it desirable or expedient so to do for avoiding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew that the third respondent should grant the benefit of exemption to the petitioner. 15. Accordingly, the writ petition is partly allowed, the impugned order is set aside and the third respondent is directed to grant the benefit of exemption under Section 10(10C) of the Act and refund the appropriate amount to the petitioner, within a period of three months from the date of receipt of a copy of this order. Considering the facts and circumstances of the case, the prayer for interest is rejected. No costs." 6. It is seen from the above findings rendered by this Court that the issue involved in this case is squarely covered by the above decision. 7. Considering the above stated facts and circumstances, this Writ Petition is allowed and th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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