DHIR SINGH,PINJORE vs. ITO, WARD 1, PANCHKULA
What were the facts?
The assessee, a former employee of HMT Ltd., received compensation upon the closure of the Tractor Division. The Assessing Officer treated this as voluntary retirement compensation under Section 10(10C), limiting the exemption. The CIT(A) dismissed the assessee's appeal due to a delay.
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal, finding sufficient cause. It held that the compensation received due to the closure of the undertaking qualifies as retrenchment compensation under Section 10(10B), not voluntary retirement under Section 10(10C).
What were the issues?
Whether the delay in filing the appeal before the CIT(A) should be condoned, and whether compensation received on closure of an undertaking is exempt under Section 10(10B) or restricted under Section 10(10C).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
आदेश/Order PER LALIET KUMAR, J.M This is an appeal filed by the Assessee against the order of the Ld CIT(A)/ Addl/JCIT(A)-1, Jaipur dt. 02/01/2026 pertaining to Assessment Year 2017-18. 2. In the present appeal Assessee has raised the following grounds:
The learned CIT(A) erred in dismissing appeal in limine that there was no genuine reason of condonation of delay.
On the facts and circumstances of the case the Ld. CIT(Appeals) Jaipur, has erred in having not allowed the exemption u/s 10(10B) of compensation amounting to Rs. 13,91,798/- received on forced r
The order continues below.
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