VALLOLI SHEELA,PALAKKAD vs. ITO,WARD 2, PALAKKAD

ITA 1047/COCH/2024Status: DisposedITAT Cochin27 March 2025AY 2022-23Bench: SHRI INTURI RAMA RAO (Accountant Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal condoned a delay of 332 days in filing the appeal due to the appellant's illness. On merits, the Tribunal held that employees of the Life Insurance Corporation are not considered Central Government employees, thus upholding the restriction of exemption under Section 10(10) as an incorrect claim.

What were the facts?

The appellant, an individual deriving salary income, filed their return for AY 2022-23. The return was processed under Section 143(1), restricting exemption claimed under Section 10(10) and Section 10(10AA) for leave encashment. This action by the CPC was subsequently confirmed by the CIT(A).

What were the issues?

Whether employees of the Life Insurance Corporation are considered Central Government employees for claiming exemption under Section 10(10) of the Income Tax Act, 1961, and the condonation of delay in filing the appeal.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 10(10),Section 10(10AA)

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Income Tax Appellate Tribunal, COCHIN BENCH

Before: SHRI INTURI RAMA RAO, AM

For Appellant: Shri Pathmanathan, Advocate
For Respondent: Smt. Leena Lal, Sr. D.R
Hearing: 12.03.2025Pronounced: 27.03.2025

This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 21.11.2023 for Assessment Year (AY) 2022-23. 2. Brief facts of the case are that the appellant is an individual deriving income under the head ‘salary’. The return of income for AY 2022-23 was filed on 24.07.2022. The said return of income was processed u/s. 143(1) of the Income Tax Act, 1961 (the Act) vide intimation dated 08.03.2023 after restricting the exemption claimed u/s. 10(10) of the Act to Rs. 46,89,834/- as against the claim of Rs. 56,49,495/-. While doing so, the exemption u/s. 10(10AA) in respect of 2 Valloli Sheela encashment of earned leave was restricted to Rs. 2,00,000/- as against the total claim of

The order continues below.

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