252 orders · Page 5 of 6
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal noted that the cash deposits were indeed transferred to the petrol bunk's account on the same day, but the assessee failed to establish a clear link between the petrol bunk's sales income and the cash deposits. Therefore, the matter was restored to the AO for further verification.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal held that since there was no difference between the income returned in response to the Section 153A notice and the assessed income, the concept of under-reporting of income for penalty under Section 270A could not be applied.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal held that the assessee firm is not required to explain the source of income of its partners for capital contributions. Any unexplained credits should be assessed in the hands of the individual partners, not the firm.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal condoned the delays in filing the appeals, following numerous decisions of various Benches of the Tribunal and the High Court of Telangana, which had allowed similar condonation for BSNL employees. On the primary issue, the Tribunal held that the compensation received by BSNL employees under the Voluntary Retirement Scheme – 2019 is exempt under Section 10(10B) of the Act. The Tribunal relied on consistent judicial precedents from various Benches of the ITAT and the High Court of Telangana, which held that the BSNL VRS-2019, in essence, partook the character of a retrenchment compensation due to the financial situation of BSNL, making it eligible for exemption under Section 10(10B). The Tribunal directed the Assessing Officer to verify the claims and allow the exemption accordingly. Regarding the fresh claim for exemption under Section 10(10AA)(i) for leave encashment, the Tribunal admitted the additional ground as a legal issue, following the Supreme Court's decision in National Thermal Power Corporation Ltd. v. CIT. However, since the facts regarding the conditions for claiming this exemption were not readily available, the issue was set aside to the file of the Assessing Officer for verification and decision in light of the provisions of Section 10(10AA)(i) and the decision of the Hon'ble Kerala High Court in Sanchar Nigam Pensioners Welfare Association v. Union of India.
The Tribunal held that the CIT(A) should have decided the appeal on merits, even in case of non-prosecution, especially when additional evidence was filed. The order of the CIT(A) was set aside.
The Tribunal condoned the delay in filing the appeals for both assessment years, finding the reasons provided by the assessee to be genuine and bona fide, fitting the criteria of 'sufficient cause'. The Tribunal applied the principles laid down in Collector, Land Acquisition vs. Mst. Katiji (supra) for a lenient approach to avoid dismissing meritorious cases on technical grounds. Regarding the substantive issue, the Tribunal noted that it was undisputed that the assessee is a university established by the State Legislature, substantially financed by the Government, and its income is claimed to be exempt under Section 10(23C)(iiiab). However, it was also an admitted fact that the assessee did not file its return of income or provide any explanation before the AO and CIT(A). Considering the claim of exemption and the lack of effective representation, the Tribunal set aside the order of the CIT(A) and restored the matter to the file of the AO for de novo consideration. The assessee was directed to file relevant details and pay a nominal cost of Rs. 5,000/- to the ITAT Bar Association, Hyderabad, for its lackadaisical approach. The appeals were allowed for statistical purposes.
The Tribunal condoned the delay in filing the appeals for both assessment years, finding the reasons provided by the assessee to be genuine and bona fide, fitting the criteria of 'sufficient cause'. The Tribunal applied the principles laid down in Collector, Land Acquisition vs. Mst. Katiji (supra) for a lenient approach to avoid dismissing meritorious cases on technical grounds. Regarding the substantive issue, the Tribunal noted that it was undisputed that the assessee is a university established by the State Legislature, substantially financed by the Government, and its income is claimed to be exempt under Section 10(23C)(iiiab). However, it was also an admitted fact that the assessee did not file its return of income or provide any explanation before the AO and CIT(A). Considering the claim of exemption and the lack of effective representation, the Tribunal set aside the order of the CIT(A) and restored the matter to the file of the AO for de novo consideration. The assessee was directed to file relevant details and pay a nominal cost of Rs. 5,000/- to the ITAT Bar Association, Hyderabad, for its lackadaisical approach. The appeals were allowed for statistical purposes.
The Tribunal condoned the delay of 150 days, citing the principle of substantial justice and the Supreme Court's ruling in Collector of Land Acquisition vs. Mst. Katiji. The matter was remanded to the CIT(A) for adjudication on merits.
The Tribunal held that the notice issued under Section 148 was invalid because it was issued after 4 years from the end of the assessment year and the approval was obtained from the Additional CIT, not the Chief Commissioner as required by Section 151.