LATE ANIL RANGALE THROUGH LEGAL HEIR ANITA ANIL RANGALE,AURANGABAD vs. ACIT CIRCEL 1, AURNAGABAD, AURANGABAD
What did the Tribunal hold?
The Tribunal set aside the impugned order and remitted the matter back to the AO. This was to decide the issue afresh in light of additional evidence submitted by the assessee regarding their entitlement to the ERS.
What were the facts?
The assessee, a salaried employee, received an amount under an Early Retirement Scheme (ERS). The Assessing Officer treated this as profits in lieu of salary, re-working the relief under Section 89. The CIT(A) upheld the AO's order.
What were the issues?
Whether the amount received under the Early Retirement Scheme was taxable as profits in lieu of salary. The admissibility of additional evidence regarding the ERS entitlement.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI R.S. SYAL
Assessee by Shri Nikhil Pathak & Miss Arrchena Shetty Revenue by Smt Neha Deshpande Date of hearing 10-10-2023 Date of pronouncement 10-10-2023 आदेश / ORDER PER R.S. SYAL, VP : This appeal by the assessee is directed against the order dated 08.12.2022 passed by the CIT(A) in National Faceless Appeal Centre (NFAC), Delhi in relation to assessment year 2016-17.
Briefly stated, the facts of the case are that the assessee has been a salaried employee of Colgate Palmolive (India) Ltd., Aurangabad Unit. An Early Retirement Scheme (ERS) was formulated by the employer. The assessee was one of the 2 Anita Anil Rangale L/H of Late Anil Rangale employees opting for the ERS. He claimed relief u/s 89 of the Income-tax Act, 1961 (hereinafter also called „the Act‟) to the extent of Rs.6,06,258/- in the return of income, without claiming exemption u/s 10(10C). The Assessing Officer (AO) held that there was no termination of employment and the amount received by the assessee was compensation which was not a capital receipt. He, therefore, held it to be profits in lieu of salary as per section 17(3) and re-worked the amount of relief u/s 89. No succor was provided by the CIT(A). Aggrieved thereby, the assessee has come up in appeal before the Tribunal.
I have heard both the sides and perused the record. At the very outset, the ld. counsel for the assessee submitted that the proceedings before the AO have gone on the premise that the assessee opted for voluntary retirement, which was not thrust upon him. He placed on record a letter dated 06.10.2023 issued by the Colgate Palmolive (India) Ltd. stating that the assessee and other employees were not entitled for the scheme nor was the company under any obligation under the same to 3 Anita Anil Rangale L/H of Late Anil Rangale the employees. It was submitted that this is an important additional evidence which has bearing on the issue. In view of the fact that an additional evidence has been placed before the Bench, which appears to have significance in deciding the matter, I am of the considered opinion that it would be just and fair if the impugned order is set-aside and the matter is remitted to the file of the AO with a direction to decide the issue afresh in the hue of the above additional evidence as per law after allowing a reasonable opportunity of hearing to the assessee. I order accordingly. Needless to say, the assessee will be at liberty to file any further evidence in support of his contention.
In the result, appeal is allowed for statistical purposes. Order pronounced in the Open Court on 10th October, 2023. (R.S.SYAL) उपाध्यक्ष/ VICE PRESIDENT पुणे Pune; ददिधांक Dated : 10th October, 2023 GCVSR 4 Anita Anil Rangale L/H of Late Anil Rangale
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