Levy of penalty u/s 270A - Excess exemption claimed on Gratuity ...

Case Laws     Income Tax

April 18, 2024

Levy of penalty u/s 270A - Excess exemption claimed on Gratuity u/s 10(10)(i) and Leave Encashment receipts u/s 10(10AA)(ii) - The Appellate Tribunal recognized the transition of the appellant's employer from a government entity to a PSU. It noted that while the appellant began his service with a government entity, his retirement benefits were received from a PSU. Considering this transition, the Tribunal acknowledged the appellant's bona fide belief in claiming full exemption. It accepted that part of the appellant's service tenure was rendered as a government employee, justifying his claim for full exemption. - Considering the above, the Tribunal set aside the penalty imposed by the AO, stating that while doubt regarding taxation may favor the state, in penalty matters, the principle leans towards the assessee. Therefore, it quashed the penalty order.

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