The ITO, Ward-15(1), Ahmedabad V. Kumari Mrudula Paresh Patel, Ahmedabad

ITA 173/AHD/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 60439 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-05-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 19-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: J M TRIVEDI

Judgement Text

ITA NO.1 73/AHD/2010 ASSESSME NT YEAR 2007- 08 . 1 IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, A HMEDABAD (BEFORE SHRI G.C.GUPTA VICE PRESIDENT & SHRI ANIL C HATURVEDI, A.M.) I.T.A. NO.173/AHD/2010 (ASSESSMENT YEAR: 2007- 08) THE INCOME TAX OFFICER, WARD 15(1), VASANT NATURE VIEW BUILDING, ASHRAM ROAD, AHMEDABAD. (APPELLANT) VS. KUMARI MRUDULA P. PATEL, 301, SHREE RAJ APARTMENT, NR. GURUDWARA, BODAKDEV, AHMEDABAD. (RESPONDENT) PAN: ADIPP8521 C BY REVENUE : MR.VINOD TANWANI, SR.D.R. BY ASSESSEE : MR. J. M.TRIVEDI. ( )/ ORDER DATE OF HEARING : 17-5-2012 DATE OF PRONOUNCEMENT : 25-5-2012 PER: SHRI ANIL CHATURVEDI,ACCOUNTANT MEMBER. THIS APPEAL IS FILED BY THE REVENUE AGAINST THE OR DER OF CIT (A)- XXI, AHMEDABAD DATED 18-11-2009 FOR THE ASSESSMENT YEAR 2007-08. 2. THE ONLY GROUND OF APPEAL TAKEN BY THE REVENUE R EADS AS UNDER:- ITA NO.1 73/AHD/2010 ASSESSME NT YEAR 2007- 08 . 2 THE LD. CIT (A) HAS ERRED IN LAW AND ON FACTS IN D ELETING THE ADDITION OF RS.5,00,000/- U/S. 10(10C) OF THE I.T. ACT,1961. 3. THE ASSESSEE HAS FILED HER RETURN OF INCOME ON 3 0-8-2007 DECLARING TOTAL INCOME AT RS.3,12,414/-.THE RETURN WAS PROCESSED ON 11-4-2008 AND A REFUND OF RS.1,65,440/- WAS GRANTED INCLUDING INTEREST OF RS.9,366/-. SUBSEQUENTLY THE CASE WAS SELECTED FOR SCRUTINY. 4. DURING THE COURSE OF ASSESSMENT PROCEEDINGS THE A.O. OBSERVED THAT THE ASSESSEE IS AN EMPLOYEE OF STATE BANK OF I NDIA. SHE HAD OPTED FOR VOLUNTARY RETIREMENT UNDER EXIT OPTION SC HEME OF THE BANK AND CLAIMED RS.5 LAC AS EXEMPTION U/S.10(10C) OF TH E ACT. HOWEVER, THE A.O. WAS OF THE VIEW THAT THE EXEMPTION IS AVAI LABLE TO AN ASSESSEE ONLY IF THE VOLUNTARY RETIREMENT SCHEME OF HER EMPLOYER SATISFIES THE GUIDELINES LAID DOWN IN RULE 2BA OF T HE I.T. RULES. THE A.O. WAS OF THE VIEW THAT THAT SINCE THE EXIT SCHEM E OF STATE BANK OF INDIA DID NOT SATISFY THE REQUIREMENTS, THE ASSESSE E WAS NOT ENTITLED TO DEDUCTION U/S.10(10C) AND THEREFORE, HE ADDED BA CK RS.5 LAKHS CLAIMED AS EXEMPTION U/S.10 (10C) TO THE TOTAL INCO ME VIDE ORDER DATED 6-11-2009. AGGRIEVED BY THE DECISION OF A.O. THE ASSESSEE PREFERRED APPEAL BEFORE THE CIT (A). 5. LD. CIT (A), FOLLOWING THE DECISION OF AHMEDABAD TRIBUNAL IN THE CASE OF SMT. JAYA NARAYAN & 13 OTHERS IN ITA NO.120 9/AHD/2007 ORDER DATED 17-7-2007 HELD THAT AS THE FACTS OF THE CASE WERE IDENTICAL TO THAT DECIDED BY AHMEDABAD A BENCH THE ASSESSEE WA S ENTITLED TO ITA NO.1 73/AHD/2010 ASSESSME NT YEAR 2007- 08 . 3 BENEFIT U/S.10(10C) AND ACCORDINGLY DIRECTED THE A. O. TO ALLOW THE EXEMPTION U/S. 10(10C) OF RS.5 LAKHS. BEING AGGRIEV ED BY THE DECISION OF CIT (A), THE DEPARTMENT IS IN APPEAL BEFORE US. 6. BEFORE US AT THE OUTSET THE LD. D.R. FAIRLY CONC EDED THAT THE ISSUE IN THE PRESENT APPEAL IS COVERED AGAINST THE REVENUE IN VIEW OF THE DECISION OF SMT. JAYA NARAYAN AND 13 OTHERS (SU PRA) AND SHRI KANTILAL K. SOLANKI VS. ITO IN ITA NO.1514/AHD/2007 ORDER DATED 6-7- 2007. SINCE THE FACTS OF THE CASE OF THE ASSESSEE A RE IDENTICAL TO THAT DECIDED BY AHMEDABAD TRIBUNAL AND AS CASE OF THE A SSESSEE IS SQUARELY COVERED BY THE AFORESAID DECISIONS, WE RES PECTFULLY FOLLOWING IT HOLD THAT THE ASSESSEE IS ELIGIBLE FOR DEDUCTION U/S. 10(10C) AND ACCORDINGLY DISMISS THE APPEAL OF THE R EVENUE. 7. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN OPEN COURT ON 25-5 - 2012. SD/- SD/- (G.C.GUPTA) (ANIL CHATURVEDI) VICE PRESIDENT ACCOUNTANT MEMBER AHMEDABAD. S.A.PATKI. ITA NO.1 73/AHD/2010 ASSESSME NT YEAR 2007- 08 . 4 COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) XXI,AHMEDABAD. 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHMEDABAD. 1.DATE OF DICTATION 17 - 5 -2012 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING 17 / 5 / 2012 MEMBER.OTHER MEMBER. 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S 24 - 5 -2012. 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 25 - 5 -2012 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S 25 - 5 -2012 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 2 8 - 5 -2012. 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER..