BHABA KANTA PEGU,MUMBAI vs. ITO, WARD, NORTH LAKHIMPUR, NORTH LAKHIMPUR

ITA 530/GTY/2026Status: DisposedITAT Guwahati06 October 2026AY 2020-202126 pages
AI SummaryAllowed

What were the facts?

The assessee, employed by Bharat Sanchar Nigam Limited (BSNL), opted for the BSNL VRS-2019 scheme and received compensation. Due to a lack of awareness regarding exemption under Section 10(10B) of the Income-tax Act, 1961, the compensation was offered to tax in the return of income. Tax was deducted at source. No exemption was claimed in the original or revised return. The CPC issued an intimation under section 143(1) without granting exemption. The assessee later became aware of the exemption eligibility through a judgment of the ITAT Chandigarh Bench in a similar case. The assessee appealed to the CIT(A), who dismissed the appeal, stating that the grievance did not emanate from the order appealed against and that the assessee should have claimed relief in a revised return or sought condonation of delay. Aggrieved, the assessee filed further appeals before the ITAT.

What did the Tribunal hold?

The Tribunal held that the assessee is eligible for exemption under Section 10(10B) of the Income-tax Act, 1961, on the compensation received under the BSNL VRS-2019 scheme. The Tribunal found that the assessee filed the claim before the CIT(A) and that since the income is not taxable, the assessee is eligible for a refund of the TDS. The reasoning was based on the fact that the compensation received under the same scheme was held to be exempt in the case of Harish Kumar vs. ITO (ITA No. 42/CHD/2025) by the ITAT Chandigarh Bench. The Tribunal respectfully followed this precedent. The operative direction was to allow the appeals of the assessee, granting them the exemption and the refund of TDS. No issue was expressly left undecided.

What were the issues?

1. Whether the assessee is eligible for exemption under Section 10(10B) of the Income-tax Act, 1961, on compensation received under the BSNL VRS-2019 scheme, even though it was not claimed in the original or revised return of income. Assessee's contention: The assessee argued that due to a lack of awareness of legal provisions at the time of filing the return, the compensation was inadvertently offered to tax. Relying on the ITAT Chandigarh Bench decision in Harish Kumar vs. ITO (ITA No. 42/CHD/2025), the assessee contended that the compensation is eligible for exemption under Section 10(10B), subject to Rule 2BA compliance. The assessee also cited CBDT Circular No. 14 of 1955, obligating tax authorities to grant lawful reliefs even if not claimed. Revenue's contention: The judgment does not record any specific arguments made by the Revenue before the Tribunal.

Which sections of the Income-tax Act were involved?

Section 10(10B),Section 143(1)

AI-generated summary — verify with the full judgment below

ITA No. 512-547/GTY/2026 & other appeals Assessment Years: 2020-21 & 2021-22 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA-GUWAHATI ‘e-COURT’, DB, KOLKATA [Hybrid Court Hearing] Before Shri Duvvuru RL Reddy, Vice-President (KZ) & Shri Laxmi Prasad Sahu, Accountant Member

ITA Nos. 512 & 513/GTY/2026 Assessment Years: 2020-21 & 2021-22 C/o. Padvekar Law Ward-1(2), Guwahati, Chambers, Aayakar Bhawan, 408, Maker Bhavan No. 3, Christian Basti, G.S. 21, New Marine Lines, Road, Guwahati- Mumbai-400020, 781005, Assam Maharashtra [PAN:AFUPD0282N] APPELLANT RESPONDENT

Assessee by : Shri Tazil R. Padvekar, Advocate Revenue by : Shri P.S. Thuingaleng, D.R. & ITA Nos. 514 & 515/GTY/2026 Assessment Years: 2020-21 & 2021-22

Takhellambam Joykumar Singh, Vs. Assistant Commissioner of C/o. Padvekar Law Income Tax, Chambers, Circle, Imphal, 408, Maker Bhavan No. 3, Aayakar Bhawan, Jail 21, New Marine Lines, Road, Old Lambulane, Mumbai-400020, Imphal-795001, Maharashtra Manipur [PAN:CIBPS3326J] APPELLANT RESPONDENT

Assessee by : Shri Tazil R. Padvekar, Advocate Revenue by : Shri P.S. Thuingaleng, D.R. 1

ITA No. 512-547/GTY/2026 & other appeals Asse

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