DNYANESHWAR SHINDE,AURANGABAD vs. INCOME TAX OFFICER, WARD 1(1) , AURANGABAD

ITA 1726/PUN/2025Status: DisposedITAT Pune21 January 2026AY 2019-20Bench: SHRI R.K. PANDA (Vice President), MS. ASTHA CHANDRA (Judicial Member)22 pages
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What did the Tribunal hold?

The Tribunal held that the ex-gratia compensation received by the assessee was voluntary and not in the nature of compensation for termination of service, thus not taxable. Following previous decisions, the Tribunal set aside the CIT(A)'s order.

What were the facts?

The assessee, an individual, took voluntary retirement from Pfizer Healthcare India Private Limited. The Assessing Officer (AO) reopened the case under Section 147, making additions for exemptions claimed under Sections 10(10B) and 10(10)(iii), totaling Rs. 5,52,052. The Commissioner of Income Tax (Appeals) confirmed these additions.

What were the issues?

Whether ex-gratia payments received upon voluntary retirement constitute taxable income, and if the reopening of assessment under Section 147 was justified.

Which sections of the Income-tax Act were involved?

Section 147,Section 10(10B),Section 10(10)(iii),Section 89,Section 17(3)

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Income Tax Appellate Tribunal, “SMC” BENCH, PUNE

Before: SHRI R.K. PANDA & MS. ASTHA CHANDRA

For Appellant: Shri Prashant Ghumare
For Respondent: Shri Harish Bist

PER ASTHA CHANDRA, JM :

The appeal filed by the assessee is directed against the order dated 16.05.2025 of the Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi [“CIT(A)/NFAC”] pertaining to Assessment Year (“AY”) 2019-20. 2. The assessee has raised the following grounds of appeal :- ―1 NATURAL JUSTICE

1.

1 The Learned Commissioner of Income - tax (Appeals) - 58, Pune ["Ld. CIT (A)"] erred in passing the appellate order in breach of the principles of natural justice as much as: (i) Not proper, effective and fair opportunity was granted to the Appellan

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