Section 17(3) of the Income Tax Act

Income-tax Act, 2025: ss.16, 17, 18

Section 17(3) falls under section 17 of the Income-tax Act, 1961, which corresponds to section 16 (Income from salary), section 17 (Perquisite) and section 18 (Profits in lieu of salary) of the Income-tax Act, 2025.

Read section 16 of the 2025 ActRead section 17 of the 2025 ActRead section 18 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 17(3) is Mahadev Vasant Dhangekar v. ACIT (149 Taxmann.com 170), cited in 6 of the 33 judgments on BharatTax that turn on this section.

Leading authorities on Section 17(3)

Judgments on Section 17(3)

Suresh Yashwant Awar, Igatpuri vs. Assisstant Commissioner of Income Tax, Circle 1, Aurangabad

In the result, the appeal of the assessee is allowed

ITA 2660/PUN/2025[2016-17]Status: DisposedITAT Pune12 Jun 2026AY 2016-17

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.2660/Pun/2025 धििाारण वर्ा / Assessment Year : 2016-17 Suresh Yashwant Awar, Assistant Commissioner Of Mukkam, Post Mukane, Income Tax, Circle – 1, Igatpuri-422403 Vs. Aurangabad Pan : Agdpa8720A अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Nikhil S Pathak & Archana Shetty Department By : Shri Sandip Pawar Date Of Hearing : 08-04-2026 Date Of 12-06-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 16.09.2025 Of The Ld. Additional/Joint Commissioner Of Income Tax (Appeals)-4, Chennai [“Addl./Jcit(A)”] Pertaining To Assessment Year (“Ay”) 2016-17. 2. Briefly Stated Facts Of The Case Are That The Assessee Is An Individual & Was An Ex-Employee Of Colgate Palmolive (India) Ltd. (“Colgate Palmolive”) & Earned Income From Salary & Other Sources During The Relevant Ay 2016-17. For Ay 2016-17, The Assessee Filed His Return Of Income Electronically On 14.06.2016 Declaring Total Income Of Rs.31,81,530/-. The Return Of The Assessee Was Processed U/S 143(1) Of The Income Tax Act, 1961 (The “Act”). Thereafter, The Case Of The Assessee Was Selected For Limited Scrutiny Under Cass For The Reason “Large Relief Claimed U/S 89”. Accordingly, Statutory Notice(S) Were Issued & Served Upon The Assessee Calling For The Requisite Details/Documents. In Response Thereto, The Assessee Filed His Written Submissions Providing The Requisite Details & Explanation. During The Relevant Ay 2016-17, Colgate Palmolive Had Offered Scheme-Ers (Early Retirement Scheme) Which Was 2

For Appellant: Shri Nikhil S Pathak &For Respondent: Shri Sandip Pawar
Section 10Section 143(1)Section 143(3)Section 17(3)Section 89

Ram Dattatray Kaldate, Aurangabad vs. Income Tax Officer Ward 1(1), Aurangabad

In the result, the appeal of the assessee is allowed

ITA 2177/PUN/2025[2019-20]Status: DisposedITAT Pune09 Jun 2026AY 2019-20

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.2177/Pun/2025 धििाारण वर्ा / Assessment Year : 2019-20 Ram Dattatray Kaldate, Ito, Ward-1(1), Vijay Kasnale, Plot No. Rm 103, Aurangabad Bajajnagar Midc Waluj, Vs. Aurangabad-431136 Pan : Asupk0994M अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Nikhil S Pathak & Archana Shetty Department By : Shri Sandip Pawar Date Of Hearing : 08-04-2026 Date Of 09-06-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 24.07.2025 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)/Nfac”] Pertaining To Assessment Year (“Ay”) 2019-20. 2. Briefly Stated Facts Of The Case Are That The Assessee Is An Individual & Ex-Employee Of M/S. Pfizer Healthcare India Pvt. Ltd., Aurangabad (“Pfizer India”). For Ay 2019-20, The Assessee Filed His Return Of Income On 29.07.2019 Declaring Income Of Rs.60,34,360/- & Claiming Relief Of Rs.18,28,958/- U/S 89 Of The Income Tax Act, 1961 (The “Act”). The Case Of The Assessee Was Selected For Scrutiny Under Cass For Issues Relating To Refund Claim & Relief For Arrear Salary Or Advance Salary. During The Ay 2019-20, The Assessee Received Rs.54,64,480/- As A Full & Final Settlement On Account Of His Voluntary Retirement From His Employment With Pfizer India Pursuant To Pfizer Healthcare India Private Limited Finance Scheme For Employees At Aurangabad, 2019 (“Scheme”) Which Was Framed By The Company & Offered To The Assessee Due To Closure Of Its Plant At Aurangabad. The Assessee Claimed The Said Amount As 2

For Appellant: Shri Nikhil S Pathak &For Respondent: Shri Sandip Pawar
Section 143(3)Section 56(2)(xi)Section 89

Smt. Swati Sameer Joshi, Mumbai vs. Income Tax Office Ward 34(3)(4), Mumbai

In the result, Assessee’s appeal is allowed

ITA 8821/MUM/2025[2017-18]Status: DisposedITAT Mumbai30 Apr 2026AY 2017-18

Bench: Shri Narender Kumar Choudhry & Shri Arun Khodpiaassessment Year: 2017-18 Smt. Swati Sameer Joshi, Income Tax Officer, A2/5/6, Millennium Towers, Ward 34 (3)(4), Sector 9, Sanpada, Vs. C-41 To C-43 G Block Navi Mumbai – 400705. Kautilya Bhavan Bkc Pan – Aaypl4845J Bandra East, Mumbai - 400051 (Appellant) (Respondent) Present For: Assessee By : Shri Sameer Dalal, Ld. A.R. Revenue By : Shri Aditya Rai, Ld. Sr. D.R. Date Of Hearing : 07.04.2026 Date Of Pronouncement : 30.04.2026 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 21.11.2025, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2017-18. 2. In The Instant Case, The Assessee Was An Employee Of Royal Bank Of Scotland Pls Bank (In Short, ‘Bank’) Since 01.01.1998. Somehow, The Bank Has Closed Down Its Operation In India W.E.F. 19.01.2016 & Entered Into A ‘Mutual Exit Agreement’ Executed Between The Bank & Its Employee On Dated 02.08.2016, According To Which The Assessee Had Received The Following Amounts: 2 Smt. Swati Sameer Joshi

For Appellant: Shri Sameer Dalal, Ld. A.RFor Respondent: Shri Aditya Rai, Ld. Sr. D.R
Section 10Section 17Section 17(3)Section 250