2025 (2) TMI 609

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..... under the head 'Income from Other Sources' -HELD THAT:- No submissions were made in respect of the above said ground of appeal. The ld. AR of the assessee made statement at Bar that he is restricting his submissions only on the issue of retiral benefits of gratuity and commutation of pension. Therefore, ground no. 4 of appeal is dismissed. Appeal of the assessee is partly allowed.
Shri Vikas Awasthy, Judicial Member For the Appellant : Shri Parikshit Aggarwal, Chartered Accountant For the Respondent : Shri Sanjay Kumar, Sr. DR ORDER PER VIKAS AWASTHY, JM: This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (hereinafter referred to as 'the CIT .....

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..... ng of appeal within time before the CIT(A). 4. Both sides heard, orders of the authorities below examined. Undisputedly, there was delay of 189 days in filing of appeal before the CIT(A). The assessee had mentioned reasons for delay in filing of appeal in Form no. 35. On perusal of reasons given by the assessee causing delay in filing of appeal, it appears that the delay in filing of appeal was not intentional. The reasons appears to be bonafide. The CIT(A) has taken a pedantic view in rejecting the reasons given by the assessee causing delay in filing of first appeal. 5. The Hon'ble Apex Court in an unequivocal manner has repeatedly held that acceptance of reason given by the appellant/petitioner explaining delay should be the rule and r .....

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..... arty. 6. On merits of the addition, I find that, the AO has erred in making addition of retrial benefits of the assessee. A perusal of the PPO at page 20 & 21 of the paper book reveals that apart from pension, retiral benefits include gratuity Rs. 7,30,471/- and commutation of service pension Rs. 13,83,329/-. The death-cum-retirement gratuity is exempt from tax u/s. 10(10) of the Act and commutation of pension is exempt u/s. 10(10A) of the Act. Hence, the AO erred in making addition of amounts received under the above heads by the assessee. The AO is directed to exclude aforesaid amount from the addition made in impugned assessment year. In the result ground no. 3 of appeal is allowed pro tanto. 7. In ground no. 4 of appeal, the assessee .....

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