JILY MATHEW,KOCHI vs. ITO, KOCHI
What did the Tribunal hold?
The Tribunal affirmed the decisions of the lower authorities, ruling that BSNL employees cannot be equated with Central Government employees. Therefore, the appellant was not eligible for the full leave encashment deduction under Section 10(10AA), as the exemption is limited to Rs. 3,00,000/- for non-Central Government employees.
What were the facts?
The appellant, an employee of BSNL, claimed a leave encashment exemption of Rs. 13,93,746/- under Section 10(10AA) of the Income Tax Act. The Assessing Officer and CIT(A) restricted this claim to Rs. 3,00,000/-, on the grounds that BSNL employees are not considered Central Government employees, a condition for claiming the full exemption.
What were the issues?
Whether an employee of BSNL qualifies as a Central Government employee for claiming the full leave encashment exemption under Section 10(10AA) of the Income Tax Act.
Which sections of the Income-tax Act were involved?
Section 143(3),Section 144B,Section 10(10AA),Section 192,Section 201(1),Section 201(1A)
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- 94 Taxmann.com 1912 citing94 Taxmann.com 19 · 2018
Income Tax Appellate Tribunal, COCHIN BENCH
Before: SHRI INTURI RAMA RAO, AM
This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] dated 27.08.2025 for Assessment Year (AY) 2020-21. 2. Brief facts of the case are that the appellant is an individual deriving income under the head “Salary”. She was employed with BSNL. The appellant had filed the return of income for AY 2020-21 on 29.10.2020 declaring total income of Rs. 34,77,620/-. The same was revised on 31.03.2021 at total income of Rs. 26,47,550/-. Against the said return of income, the assessment was completed by the Assessment Unit of Income Tax Department (hereinafter called
2 Jily Mathew "the AO") vide order dated 29.08.2022 passed u/s. 143(3) r.w.s. 144B of the Income Tax Act, 1961 (the Act) at total income o
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