IMRAN AZAD WALLANI,HYDERABAD. vs. ITO., WARD-8(1), SIGNATURE TOWERS, HYDERABAD.
What did the Tribunal hold?
The Tribunal focused solely on Ground No. 6 concerning the taxability of Rs. 18,08,973/- received as a superannuation fund upon cessation of employment. Noting that the assessee could not produce the crucial release agreement before the CIT(A), the Tribunal remanded the matter back to the CIT(A) for de novo adjudication of this specific ground, instructing the CIT(A) to grant the assessee a proper opportunity to furnish evidence and be heard.
What were the facts?
The assessee, an individual formerly employed by J.P. Morgan Services India Private Limited, had his income tax return for A.Y. 2018-19 selected for scrutiny. The Assessing Officer disallowed various exemptions/deductions totaling Rs. 20,19,743/- due to a lack of documentary evidence, completing the assessment under Section 143(3). The assessee's subsequent appeal to the Ld. CIT(A) was dismissed ex parte as he failed to comply with notices.
What were the issues?
Whether the amount received by the assessee as a superannuation fund upon cessation of employment is a taxable receipt under Section 17(3)(i) of the Income Tax Act or a non-taxable ex-gratia payment.
Which sections of the Income-tax Act were involved?
Section 143(2),Section 143(3),Section 143(3A),Section 143(3B),Section 17(3)(i)
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- ITO v. Avirook Sen6 citing161 Taxmann.com 462 · 2024
Income Tax Appellate Tribunal, Hyderabad ‘B’ Bench, Hyderabad
Before: SHRI VIJAY PAL RAO & SHRI MADHUSUDAN SAWDIA
PER MADHUSUDAN SAWDIA, A.M. : This appeal is filed by Shri Imran Azad Wallani (“the assessee”), feeling aggrieved by the order passed by the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”), dated 18.02.2025 for the A.Y. 2018-19. 2. The assessee has raised the following grounds of appeal :
ITA No.720/Hyd/2025 2
The brief facts of the case are that, the assessee is an individual who was employed with J.P. Morgan Services India Private Limited and left the said em
The order continues below.
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