The ITO, Ward-4, Valsad V. Shri Shankarbhai Mavjibhai Patel, Valsad

ITA 1789/AHD/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 85712 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 05-02-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 13-07-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DINESH SINGH
• Assessee Lawyers: DEEP R UPADHYAY
• Keywords: Earning of tax free income

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI N.S. SAINI ACCOUNTANT MEMBER ITA NO . 1789 /AHD/20 1 1 A. Y. 200 8 - 0 9 ITO WARD - 4, VALSAD , VS SHRI SHANKARBHAI MAVJIBHAI PATEL, 75 SONA NAGAR, ABRAMA, VALSAD. PAN: AEZPP 1067P (APPELLANT) (RESPONDENT) REVENUE BY : SHRI DINESH SINGH , SR. D.R. ASSESSEE(S) BY : SHRI DEEP R. UPADHYAY , A.R. / DATE OF HEARING : 0 5 / 0 2 /201 5 / DATE OF PRONOUNCEMENT: 20 / 0 2 /201 5 / O R D E R PER : MUKUL KUMAR SHRAWAT, JUDICIAL MEMBER THIS IS AN A PPEAL FILED BY THE REVENUE ARISING FROM THE ORDER OF THE L E ARNED CIT (A) VALSAD , DATED 31 . 05 .20 11 . THE GROUND S RAISED ARE AS UNDER : 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION MADE ON ACCOUNT OF DISALLOWANCE OF EXEMPTION U/S.10(10C) OF THE ACT IN RESPE CT OF EX - GRATIA RECEIPT OF RS.5,00,000/ - WITHOUT APPRECIATING THE FACTS OF THE CASE. 2. AT THE OUTSET, LEARNED AR APPEARING ON BEHALF OF THE ASSESSEE STATED THAT THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE WITH SERIES OF DECISIONS OF VARIOUS TRIBUNAL AND ALSO OF ITAT, AHMEDABAD PRONOUNCED IN THE CASE OF ITO VS. SHRI MANHARLAL NAMLABHAI PATEL BEARING ITA NO.1930/AHD/2011 DATED 08.08.2014, WHEREIN IT WAS HELD AS UNDER: ITA NO. 1789 /AHD/201 1 ITO WARD - 4 , VALSAD VS. SHRI SHANKARBHAI MAVJIBHAI PATEL FOR A.Y. 200 8 - 09 - 2 - 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE AO AND THE CIT(A), WE FIND THAT THE ONLY ISSUE IN THIS APPEAL OF THE REVENUE IS REGARDING , EXEMPTION UNDER SECTION 10(10C) OF THE ACT IN RESPECT OF EX - GRATIA AMOUNT OF RS.5,00,000/ - RECEIVED BY THE ASSESSEE, AS PER THE VOLUNTARY RETIREMENT SCHEME OF THE STATE BANK OF INDIA. THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE WITH THE DECISIONS OF THE TRIBUNAL INCLUDING THE DECISION IN ITO VS. SHRI NALIN NATWARLAL SHAH, (SUPRA) WHEREIN HELD THAT THE AMOUNT RECEIVED ON VOLUNTARY RETIREMENT AS PER EXIT OPTION SCHEME OF STA TE BANK OF INDIA, WAS EXEMPT INCOME UNDER SECTION 10(10C) OF THE ACT. THE CIT(A) HAS FOLLOWED THE DECISION OF THE HON BLE SUPREME COURT IN CHANDRA RANGANATHAN & ORS. VS. CIT, 326 ITR 49 (SC), AND DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE. ACCORDINGLY, TH E GROUND OF THE APPEAL OF THE REVENUE, BEING WITHOUT ANY MERIT IS DISMISSED. 3. THE LEARNED SR.D.R., MR. DINESH SINGH COULD NOT CONTROVERT TO THE SUBMISSIONS OF THE LEARNED AR FOR THE ASSESSEE. 4. WE HAVE HEARD BOTH THE SIDES AT SOME LENGTH. WE HAVE PER USED THE ORDERS OF THE AUTHORITIES BELOW . WE FIND THAT THE ISSUE IS REGARDING EXEMPTION U/S.10(10C) OF THE ACT IN RESPECT OF EX GRATIA AMOUNTING TO RS.5,00,000/ - RECEIVED BY THE ASSESSEE AS PER THE VOLUNTARY RETIREMENT SCHEME OF THE STATE BANK OF INDIA. TH E ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE WITH THE DECISIONS OF THE TRIBUNAL INCLUDING THE DECISION IN ITO VS. SHRI MANHARLAL NAMLABHAI PATEL , (SUPRA) WHEREIN HELD THAT THE AMOUNT RECEIVED ON VOLUNTARY RETIREMENT AS PER EXIT OPTION SCHEME OF STATE BANK OF INDIA, WAS EXEMPT INCOME UNDER SECTION 10(10C) OF THE ACT. ACCORDINGLY, THE GROUND OF APPEAL OF THE REVENUE, BEING DEVOID OF MERIT IS DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. SD/ - SD/ - ( N.S. SAINI ) ( MUKUL KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 20 / 0 2 / 20 1 5 PRABHAT KR. KESARWANI , SR. P . S . ITA NO. 1789 /AHD/201 1 ITO WARD - 4 , VALSAD VS. SHRI SHANKARBHAI MAVJIBHAI PATEL FOR A.Y. 200 8 - 09 - 3 - / C OPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) - III, AHMEDABAD 5. , , / DR, ITAT, AHME DABAD 6. / GUARD FILE . / BY ORDER, / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD