9911796707
TMI Blog2023 (10) TMI 1506X X X X Extracts X X X X X X X X Extracts X X X X ..... a Government employees and is entitled for full exemption u/s 10(10AA)(i) at Rs.6,87,030/-. 3. That the ld. CIT(A) has wrongly disallowed Rs.3,87,030/- for exemption u/s10(10AA)(i) not considering the facts. 2.1 At the time of hearing of the appeal, it is noted that none appeared on behalf of the assessee, however, an adjournment application dated 30-09- 2022 was sent by the assessee himself praying therein that his CA is out of India to represent case on 03-10-2023 and shall return only on 20-10-2022 for which the case of the assessee be adjourned in next date. 2.2 On the other hand, the ld. DR objected to the adjournment application (supra) and also relied upon the order of the ld. CIT(A). 2.3 After hearing the ld.DR, the Bench de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT, CPC, Bangalore, it is hereby held that there is no merit in the appeal filed by the appellant and addition made of Rs.3,87,040/- in the order u/s 154 dated 02-02-2022 by the AO, CPC, Bangalore, is hereby confirmed. 5.5 In the result, the appeal is dismissed.'' It is noteworthy to mention that the Bench while hearing the appeal of the assessee drew a reference on the issue in question that similar issue was decided by this Bench in the case of Shri Ram Charan Gupta vs ITO (ITA No. 408/JPR/2022 dated 27-06-2023 wherein the Bench allowed the appeal of the assessee by observing as under:- ''8. We have heard the rival contentions and perused the material placed on record. The bench noted that the assessee relying the decision of Hon'b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6,97,100/- which is below the revised limit of leave encashment exempt prescribed by the Board, the assessee is eligible to claim of deduction of said Rs. 6,97,100/-. Based on these observations the ld. AO is directed to allow the claim of the assessee u/s. 10(10AA) of the act within the revised limit as prescribed. In terms of these observations the appeal of the assessee is allowed. In the result, appeal of the assessee is allowed. '' In this case also, since the leave encashment as claimed by the assessee is amounting to Rs.6,87,030/- u/s 10(10AA)(i) of the Act which is below the limit of Rs.25.00 lacs as specified vide Notification No. 31/2023 issued by the CBDT, Ministry of Finance, New Delhi, therefore, the assessee is eligible t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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