SH. MARTIN EKKA S/O SH. LALSAY EKKA,PANCHKULA vs. ITO, WARD -1, PANCHKULA

ITA 281/CHANDI/2023Status: DisposedITAT Chandigarh27 March 2024AY 2017-18Bench: SH. SANJAY GARG (Judicial Member)24 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the compensation received by the assessee on voluntary retirement is eligible for exemption under Section 10(10B) of the Act. The Assessing Officer was directed to allow necessary relief.

What were the facts?

The assessee received compensation on voluntary retirement, which was initially offered as taxable income. Subsequently, the assessee claimed exemption under Section 10(10B) of the Income Tax Act, but the appeal before the CIT(A) was dismissed due to a significant delay.

What were the issues?

Whether the compensation received on voluntary retirement is exempt under Section 10(10B) and whether relief under Section 89 is admissible.

Which sections of the Income-tax Act were involved?

Section 10(10B),Section 89

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Income Tax Appellate Tribunal, CHANDIGARH

Before: SH. SANJAY GARG

For Appellant: Smt. Neelam Dhiman, C.A
For Respondent: Shri Dharamvir, JCIT, Sr.DR
Hearing: 26.03.2024Pronounced: 27.03.2024

The present appeal has been preferred by the assessee against the order dated 30.03.2023 of the Commissioner of Income Tax (Appeals) NFAC, Delhi pertaining to 2017-18 assessment year. The assessee in this appeal has taken following grounds of appeal :

1.

That on the facts and circumstances of the case the order passed by the learned National Faceless CIT(A) is bad both in the eyes of law and on facts.

2.

The learned CIT(A) erred in dismissing appeal that there was no genuine reason of condonation

The order continues below.

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