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“Section 17(3)(iii)”

Section References (mined)Section 17Section 17(3)(iii)13 judgments

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

In the result, appeal of the assessee is allowed

ITA 1726/PUN/2025[2019-20]Status: DisposedITAT Pune21 Jan 2026AY 2019-20

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Prashant GhumareFor Respondent: Shri Harish Bist
Section 10Section 147

assessee and was not compensation without establishing letter as non-genuine or without examining sanctity of payment made simply invoking provisions of section 17(3)(iii) for making addition was not justified. 18. Referring to the decision of the Delhi Bench of the Tribunal in the case ... assessee and was not compensation without establishing letter as non-genuine or without examining sanctity of payment made simply invoking provisions of section 17(3)(iii) for making addition was not justified. 18. Referring to the decision of the Delhi Bench of the Tribunal in the case

SUPRIYA NAGENDLA,SECUNDERABAD vs. ITO., WARD-4(1), HYDERABAD

In the result, the appeal of the assessee is dismissed

ITA 1521/HYD/2025[2018-19]Status: DisposedITAT Hyderabad19 Nov 2025AY 2018-19

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1521/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2018-19) Smt. Supriya Nagendla Vs. Income Tax Officer Secunderabad Ward 4(1) Pan:Aaupn8127B Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Assessee Smt. Supriya Nagendla राज" व "ारा/Revenue By:: Shri Abhinav Pitta, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 13/11/2025 घोषणा की तारीख/Pronouncement: 19/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Smt. Supriya Nagendla (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 05.08.2025 For The A.Y 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Assessee Smt. Supriya NagendlaFor Respondent: : Shri Abhinav Pitta, Sr. DR
Section 10Section 142(1)Section 143(2)Section 143(3)Section 17(3)

employee at or on termination of employment, irrespective of nomenclature, mode of payment, or voluntariness, is liable to be taxed under section 17(3)(iii) of the Act. Therefore, with effect from 01.04.2002, the statutory scheme has undergone a substantive change, and the ratio of Arunbhai R. Naik (supra), which ... which to the following effect: “7.3 The reply of the assessee and the assessment order have been perused. The AO has relied upon section 17(3) (iii) and has also mentioned that the case laws relied upon by the assessee pertain to the period prior to the insertion of this

SUHAS JAGANNATH KANASE,PUNE vs. INCOME TAX OFFICER, WARD 1(1), PUNE

In the result, appeal of the assessee is allowed

ITA 1638/PUN/2025[2018-19]Status: DisposedITAT Pune10 Oct 2025AY 2018-19

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

For Appellant: Shri Pritesh Raka &For Respondent: Shri Harshit Bari
Section 143(2)Section 192ASection 270A

additional compensation received by the assessee from his employer as profit in lieu of salary u/s 17(3)(iii) of the Act. Section 17(3)(iii) of the Act provides as follows: “17. For the purposes of sections 15 and 16 of this section (1) - - - - - - - - (3) “profits in lieu ... compensation. 7. Admittedly, the amount was received by the assessee after cessation of his employment with the employer company. In the normal course, section 17(3)(iii) of the Act would apply and the payment would be covered within the definition of profit in lieu of salary as brought

MAHADEO AHILAJI VIR,PUNE vs. ACIT, NFAC, PUNE

In the result, appeal of the assessee is allowed

ITA 1532/PUN/2025[2018-19]Status: DisposedITAT Pune20 Aug 2025AY 2018-19

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1532/Pun/2025 धििाारण वर्ा / Assessment Year: 2018-19 Mahadeo Ahilaji Vir, Vs Acit, Nfac, 469, Balaji Nagar, Pune Ganesh Nagar 2, Medankarwadi, Chakan Khed, Rajgurunagar, Pune-410501 Maharashtra Pan-Afdpv2328A Appellant Respondent

For Appellant: Shri Bhavesh Lodha &For Respondent: Shri Harshit Bari, Addl
Section 142(2)Section 143(3)Section 250

additional compensation received by the assessee from his employer as profit in lieu of salary u/s 17(3) (iii) of the Act. Section 17(3)(iii) of the Act provides as follows: "17. For the purposes of sections 15 and 16 of this section (1)--------------- (3) "profits in lieu ... compensation. 7. Admittedly, the amount was received by the assessee after cessation of his employment with the employer company. In the normal course, section 17(3)(iii) of the Act would apply and the payment would be covered within the definition of profit in lieu of salary as brought

PARNA VASUDEVAIAH,AURANGABAD vs. INCOME TAX OFFICER, WARD-1(1), AURANGABAD

In the result, appeal of the Assessee is allowed

ITA 456/PUN/2024[2019-20]Status: DisposedITAT Pune22 May 2025AY 2019-20

Bench: Shri Rama Kanta Panda, Vice- & Ms. Astha Chandra

For Appellant: Shri Nikhil Pathak &For Respondent: Shri Ambarnath Bhimrao Khule-DR
Section 143(2)Section 17(3)(i)Section 89Section 89(1)

assessee and was not compensation without establishing letter as non-genuine or without examining sanctity of payment made simply invoking provisions of section 17(3)(iii) for making addition was not justified. 18. Referring to the decision of the Delhi Bench of the Tribunal in the case

MARUTI KESHAVRAO DIDHORE,AURANGABAD vs. ASSISTANT COMISSIONER OF INCOME TAX, CIRCLE 1, AURANGABAD

In the result, appeal of the assessee is allowed

ITA 449/PUN/2024[2016-17]Status: DisposedITAT Pune22 May 2025AY 2016-17
For Appellant: Shri Nikhil Pathak &For Respondent: Shri Ambarnath Bhimrao Khule-DR
Section 143(1)Section 143(2)Section 89

Rs.5 lakhs under section 10(10C) VRS compensation/\ntermination of service and balance remaining amount as capital receipt\nAssessing Officer taxed amount under section 17(3)(iii) by treating it as\nadditional compensation received by assessee from his employer as profit\nin lieu of salary under section 17(3) (iii ... assessee and was not compensation without\nestablishing letter as non-genuine or without examining sanctity of\npayment made simply invoking provisions of section 17(3)(iii) for\nmaking addition was not justified.\n18. Referring to the decision of the Delhi Bench of the Tribunal in the\ncase

SHRIKANT ANANTRAO ZORI,AURANGABAD vs. INCOME TAX OFFICER WARD 1(1) AURANGABAD , AURANGABAD

In the result, the appeal of the assessee is partly allowed

ITA 798/PUN/2024[2020-21]Status: DisposedITAT Pune28 Jan 2025AY 2020-21
For Appellant: \nShri Nikhil Patakh &For Respondent: \nShri Arvind Desai
Section 10Section 143(1)Section 89

been held \"Admittedly, the amount\nwas received by the assessee after cessation of his employment with the\nemployer company. In the normal course, section 17(3)(iii) of the Act would\napply and the payment would be covered within the definition of profit in lieu\nof salary as brought ... assessee and was not compensation without establishing\nletter as non-genuine or without examining sanctity of payment made simply\ninvoking provisions of section 17(3)(iii) for making addition was not justified.\n18.\nReferring to the decision of the Delhi Bench of the Tribunal in the case

PARVEZ MUKHTAR KHAN,AURANGABAD vs. INCOME TAX OFFICER, WARD 1(1) AURANGABAD, AURANGABAD

Appeal is allowed in above terms

ITA 1111/PUN/2024[2019-20]Status: DisposedITAT Pune27 Sept 2024AY 2019-20

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

For Appellant: Shri Nikhil Pathak &For Respondent: Shri Arvind Desai, Addl. CIT-DR
Section 143(3)Section 17(2)Section 17(3)Section 17(3)(i)Section 89

assessee and was not compensation without establishing letter as non-genuine or without examining sanctity of payment made simply invoking provisions of section 17(3)(iii) for making addition was not justified. 18. Referring to the decision of the Delhi Bench of the Tribunal in the case

ASHOK RAGHUNATHRAO KULKARNI,AURANGABAD vs. INCOME TAX OFFICER, CIRCLE 1, AURANGABAD, AURANGABAD

In the result, the appeal filed by the assessee is allowed

ITA 117/PUN/2024[2019-20]Status: DisposedITAT Pune12 Aug 2024AY 2019-20

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2019-20

For Appellant: Shri Nikhil S PathakFor Respondent: Shri Ramnath P Murkunde
Section 143(2)Section 17(3)Section 89

assessee and was not compensation without establishing letter as non-genuine or without examining sanctity of payment made simply invoking provisions of section 17(3)(iii) for making addition was not justified. 18. Referring to the decision of the Delhi Bench of the Tribunal in the case

RAJINDER SHARMA,GURGAON vs. ACIT, GURGAON

In the result appeal is allowed

ITA 5176/DEL/2014[2007-08]Status: DisposedITAT Delhi06 May 2024AY 2007-08

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarasstt. Year: 2007-08 Rajinder Sharma, Vs. Acit, 1205B, Beverly Park-Ii, Gurgaon Dlf City Phase Ii, Gurgaon – 122009. Pan Aibps7516G (Appellant) (Respondent)

For Appellant: Shri Rajinder Sharma in personFor Respondent: Ms. Mayuri, Sr. DR
Section 142(1)Section 143(2)Section 17(3)Section 17(3)(i)Section 17(3)(iii)Section 234Section 271(1)(c)Section 28

that person. However, in the present case the assessee was not employed with the companies qua whom the payments were made to them. Section 17(3)(iii) of the Income Tax Act reads as under:- “With effect from Assessment year 2002-03 the definition of profits in lieu of salary ... there is no corresponding amendment to provide that the payee would get deduction as revenue expenditure...” 7. Appellant submitted that the distinction between section 17(3)(iii) and section 28(va) have been wrongly ignored by Learned Assessing Officer and Learned CIT(A). Hon’ble Supreme Court in the case

ITO, NEW DELHI vs. SH. AVIROOK SEN, GURGAON

In the result, the appeal of Revenue is dismissed

ITA 6659/DEL/2015[2009-10]Status: DisposedITAT Delhi12 Apr 2024AY 2009-10

Bench: Ld. CIT(A). Ld. CIT(A) allowed assessee's appeal and set aside AO's addition thereby leading to this appeal.

Section 143(3)Section 17Section 17(3)Section 17(3)(i)Section 17(3)(iii)

taxman 265 (Delhi) as the assessment in that case was pertaining to the A.Y. 2001-02 i.e. before the insertion of Section 17(3)(iii) in the Act with Page 3 of 7 effect from 01.04.2002. He has further argued that the Ld. AO was right in carrying ... deleted and were so rightly deleted. 11. As far as the argument of Ld. DR with respect to the applicability of Section 17(3)(iii) of the Act are concerned, the order dated 09.04.2009 passed by Co-ordinate Bench of ITAT Mumbai in Mahindra and Mahindra Page

VIJAY SHRINIVASRAO KULKARNI,AURANGABAD vs. INCOME TAX OFFICER, WARD1(1) AURANGABAD, AURANGABAD

In the result, the appeal filed by the assessee is dismissed

ITA 1159/PUN/2023[2019-20]Status: PendingITAT Pune12 Mar 2024AY 2019-20

Bench: Shri S.S. Godara & Shri Inturi Rama Rao

For Appellant: Miss Arrchena ShettyFor Respondent: None
Section 10Section 143(3)Section 17Section 17(3)Section 2Section 250Section 57Section 89Section 89(1)

question should be treated as capital receipt, cannot be accepted as the compensation in question comes within the ambit of provisions of section 17(3)(iii) of the Act which clearly provides that the compensation received from the former employer for termination of his services is taxable as a profit

COMMISSIONER OF INCOME TAX DELHI vs. RANI SHANKAR MISHRA

The appeals are dismissed

ITA - 1386 / 2008HC Delhi12 Dec 2008
For Appellant: Mr J.R. GoelFor Respondent: Mr Uday Shankar Mishra alongwith
Section 17(3)(iii)

assessee in the two assessment years in question would be covered within the expression “profits in lieu of salary” as appearing in Section 17(3)(iii) of the Income-tax Act, 1961. The Commissioner of Income-tax had categorically found as a fact that there was no employer-employee relationship ... other women had been discriminated against on the ground of sex and had not been offered jobs by the Government agency. 5. Section 17(3)(iii) reads as under:- “17. “Salary”, “perquisite” and “profits in lieu of 2008:DHC:3327-DB (3) "Profits in lieu of salary" includes – (i) xxxx