The Commissioner of Income Tax vs S. Srinivasan

P.D. Dinakaran, J.—The above tax case appeal is directed against the common order of the Income Tax Appellate Tribunal in ITA. No.

198/Mds/2005, dated 14.11.2 005.

The Revenue is the appellant. The assessment year involved is 2 001-2002. The case of the appellant is that the assessee/respondent herein,

availed the benefit of the voluntary retirement scheme and claimed exemption of the amount of compensation received, both u/s 10(10C) and

Section 89(1) of the Income Tax Act.

The Assessing Officer granted exemption as envisaged u/s 10(10C) of the Act, but denied the exemption u/s 89(1) of the Act, on the ground

that once exemption u/s 10(10C) is allowed, Section 89(1) cannot be invoked. On appeal at the instance of the assessee, the Commissioner of

Income Tax (Appeals), taking the view that it is possible to interpret the sections both ways, and where there is an ambiguity, the benefit should be

given to the tax payer, allowed the appeal, which was confirmed by the Income Tax Appellate Tribunal, on appeal by the Revenue.

Aggrieved by the same, the Revenue has preferred this appeal raising the following substantial question of law:

Whether on the facts and in the circumstances of the case, the Income Tax Tribunal was right in law in holding that the assessee is eligible to claim

simultaneous benefit u/s 10(10C) as well as Section 89(1) in respect of ex gratia received under the Voluntary Retirement Scheme

It is fairly conceded by the learned Counsel appearing for the Revenue that the issue raised in the above question is squarely covered against the

Revenue by the decision of this Court in Commissioner of Income Tax Vs. G.V. Venugopal, , wherein it is held as under:

The second proviso to Section 10(10C) only refers to exemption claimed in any other year. Every assessment year is a self-contained unit and the

mere fact that the relief u/s 89 had been spread over several years, did not mean that the relief was not in respect of a particular assessment year.

There was no prohibition to the twin benefits in respect of the amount received under the voluntary retirement scheme. The relief contemplated u/s

89(1) is aimed to mitigate hardship that may be caused on account of the high incidence of tax due to progressive increase in tax rates. Payment

under the voluntary retirement scheme is covered by the word ""salary"" which has been given a very wide definition in Section 17. Since the

assessee was covered by Section 89, he would get both the benefits.

In view of the above settled proposition of law, we do not see any merit in this appeal and the same is dismissed. No costs.