ARBINDA KUMAR SINGH,BHARATPUR vs. THE PCIT, VADODARA-1, VADODARA
What did the Tribunal hold?
The Tribunal held that the AO's orders were erroneous and prejudicial to the interest of revenue because exemptions were allowed without proper inquiry, and in some cases, more exemption was allowed than the amount received. The annuity payments made by the employer were considered remuneration and taxable as salary.
What were the facts?
The Principal Commissioner of Income Tax (PCIT) initiated proceedings under Section 263 of the Income Tax Act, 1961, against multiple employees of GE Power India Ltd. The PCIT found that the Assessing Officer (AO) had erroneously allowed exemptions on salary income, particularly concerning Voluntary Retirement Scheme (VRS) benefits, without proper verification.
What were the issues?
Whether the Assessing Officer's allowance of exemptions on VRS benefits and annuity payments was erroneous and prejudicial to the revenue, justifying revision under Section 263.
Which sections of the Income-tax Act were involved?
Section 263,Section 17(1),Section 10(10CC),Section 10(10B),Section 40(a)(v)
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Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Malabar Industrial Co. Ltd. v. CIT2,943 citing243 ITR 83 · 2000 · SC · Read judgment
- Yoshio Kubo v. CIT16 citing36 Taxmann.com 1 · 2013 · HC · Read judgment
- CIT v. Navnit Lal Sakar Lal9 citing113 Taxmann.com 692 · SC
Heard together (4 matters)
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IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, AHMEDABAD
BEFORE SHRI T.R. SENTHIL KUMAR, JUDICIAL MEMBER & SHRI NARENDRA PRASAD SINHA, ACCOUNTANT MEMBER
आयकर अपील सं./I.T.A. No. 463/Ahd/2023 (िनधा"रण वष" / Assessment Years: 2018-19) बनाम/ Mafatbhai Bhikhabhai The PCIT, Vadodara-1, Parmar Baroda Vs. C/O J N Goyal & Company, C-162, Ranjeet Nagar, Bharatpur, Rajasthan 321001 "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AVUPP0615R (Appellant) .. (Respondent) आयकर अपील सं./I.T.A. No. 464/Ahd/2023 (िनधा"रण वष" / Assessment Years: 2018-19) बनाम/ Jitendra Kumar Shimpi The PCIT, Vadodara-1, C/O J N Goyal & Baroda Vs. Company, C-162, Ranjeet Nagar, Bharatpur, Rajasthan 321001 "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : BRSPS0325Q (Appellant) .. (Respondent) आयकर अपील सं./I.T.A. No. 465/Ahd/2023 (िनधा"रण वष" / Assessment Years: 2018-19) बनाम/ Mahendra Ambalal Patel The PCIT, Vadodara-1, C/O J N Goyal & Baroda Vs. Company, C-162, Ranjeet Nagar, Bharatpur, Rajasthan 321001 "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AODPR2336H (Appellant) .. (Respondent)
ITA Nos. 466/Ahd/2023 (Imtiyaz Karimbhai Vhora vs. PCIT) & 8 Ors. A.Y.– 2018-19 - 2 – आयकर अपील सं./I.T.A. No. 466/Ahd/2023 (िनधा"रण वष" / Assessme
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