VIJAY PAL GUPTA,DWARKA, DELHI vs. COMMISSIONER OF INCOME-TAX (APPEALS), NATIONAL FACELESS APPEAL CENTRE (NFAC)
The appeal of the assessee is allowed
ITA 5915/DEL/2025[2021-22]Status: DisposedITAT Delhi29 Oct 2025AY 2021-22
Bench: Shri Satbeer Singh Godaraassessment Year: 2020-21 Vs. Cit(A)/Nfac, Sh. Rajiv Kumar Wadhwa, 98-Lig Flat Dda, Flat Pocket New Delhi 3, Paschimpur, Paschim Vihar, West Delhi, Delhi Pan: Aaapw3032C (Appellant) (Respondent) Assessee By Sh. Rajiv Kumar Wadhwa (Assessee) Department By Sh. Manoj Kumar, Sr. Dr With Assessment Year: 2021-22 Sh. Vijay Pal Gupta, Vs. Ito, B-203, Swami Dayanand Ward-67(1), Apartments, Plot No.5, New Delhi Sector-6, Dwarka, Delhi Pan: Acopg6634J (Appellant) (Respondent) Assessee By Sh. Vijay Pal Gupta (Assessee) Department By Sh. Manoj Kumar, Sr. Dr Date Of Hearing 29.10.2025 Date Of Pronouncement 29.10.2025 Order The Instant Two Appeals Involve The Twin Assessees, Namely, Sh. Rajiv Kumar Wadhwa & Sh. Vijay Pal Gupta. They Have Filed
Section 10Section 143(1)
…which are classified as 'State' Assume the status of Central government and State Government employees. Accordingly the petition is rejected." 5.2.3 Further, in the case of KPTCL Davangere V/s ITO (2018), the Hon'ble ITAT, Bangalore vide its order in ITA No. 170 ITD 587 (Bang.) (Trib.) has held that assessee being a statutory corporation its employees could not be regarded as State or Central Government employees and therefore exemption under S. 10(10AA)(i) was not available and assesse was liable to deduct tax at source. 5.2.4 In view of the above, the action of the AO of restricting the exemption u/s 10(10AA)…