The ITO, Ward-15(1), Ahmedabad V. Shri Harnath B.Mankad, Ahmedabad

ITA 325/AHD/2010

• Counselvise Citation: 32520514 RSA 2010
• Duration Of Justice: 1 year(s) 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 02-02-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B L YADAV
• Section: 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH AHMEDABAD (BEFORE SHRI BHAVNESH SAINI, JM AND SHRI A. K. GARO DIA, AM) ITA NO.325/AHD/2010 A. Y.: 2007-08 THE INCOME TAX OFFICER, WARD-15(1), AHMEDABAD, 4 TH FLOOR, NATURE VIEW BUILDING, ASHRAM ROAD, AHMEDABAD VS SHRI HARNATH B. MANKAD, D-8, SUPER SOCIETY, RAMDEVNAGAR, AHMEDABAD PA NO. AFVPM 3751 N (APPELLANT) (RESPONDENT) ITA NO.326/AHD/2010 A. Y.: 2007-08 THE INCOME TAX OFFICER, WARD-15(1), AHMEDABAD, 4 TH FLOOR, NATURE VIEW BUILDING, ASHRAM ROAD, AHMEDABAD VS SHRI HARISHBHAI S. CHHUNCHHA, 43, SURUCHI APARTMENT, B/H DOCTOR HOUSE, ELLISBRIDGE, AHMEDABAD PA NO. ABTPC 3687 R (APPELLANT) (RESPONDENT) APPELLANTS BY SHRI B. L. YADAV, SR. DR RESPONDENT BY NONE (WRITTEN SUBMISSION) DATE OF HEARING: 12-01-2012 DATE OF PRONOUNCEMENT: 25-01-2012 O R D E R PER BHAVNESH SAINI: BOTH THE APPEALS BY THE REVENUE ARE DIRECTED AGAINST DIFFERENT ORDERS OF THE LEARNED CI T(A)-XXI, AHMEDABAD DATED 14-12-2009 AND 03-12-2009, FOR ASS ESSMENT YEAR 2007-08, AGAINST BOTH THE ASSESSEES, CHALLENGING TH E ORDERS OF THE ITA NO.325 AND 326/AHD/2010 SHRI HARNATH B. MANKAD VS ITO, WARD-15(1), AHMEDABA D SHRI SHRI HARISHBHAI S. CHHUNCHHA VS ITO, WARD -15( 1), AHMEDABAD 2 LEARNED CIT(A) IN DELETING THE ADDITION OF RS.5,00, 000/- U/S 10 (10C) OF THE IT ACT. 2. BRIEFLY, THE FACTS OF THE CASE OF BOTH THE ASSE SSEES ARE THAT THE ASSESSEES WERE EMPLOYEES OF STATE BANK OF INDIA AND OPTED FOR EXIT OPTION SCHEME. APART FROM SALARY, THE ASSESSEES ALS O RECEIVED EX- GRATIA AND CLAIMED EXEMPTION U/S 10 (10C) OF THE IT ACT OF RS.5,00,000/- WHICH EXEMPTION WAS DENIED BY THE AO. THE ASSESSEES FILED DETAILED WRITTEN SUBMISSIONS BEFORE THE LEARNED CIT(A) WHICH IS INCORPORATED IN THE APPELLATE ORDER AND RELIED UPON CERTAIN DECISIONS IN SUPPORT OF THEIR CLAIM. THE LE ARNED CIT(A) ACCEPTED THE CONTENTION OF THE ASSESSEES AND DELETE D THE ADDITIONS. 3. BOTH THE ASSESSEES HAVE FILED WRITTEN SUBMISSIO NS AND RELIED UPON FOLLOWING DECISIONS OF THE TRIBUNAL IN WHICH O N SIMILAR ISSUE, THE SIMILAR CLAIM OF THE ASSESSEE HAS BEEN ALLOWED BY A LLOWING THE APPEALS OF THE ASSESSEE AND DISMISSING THE DEPARTME NTAL APPEALS: 1) ORDER OF ITAT AHMEDABAD IN THE CASE OF SHRI PAND YA VINODCHANDRA BHOGILAL 2) ORDER OF ITAT AHMEDABAD BENCH IN THE CASE OF SHR I KANAIYALAL VADILAL BHAVSAR 3) ORDER OF ITAT AHMEDABAD BENCH IN THE CASE OF SMT . SHAKUNTALABEN NAGINKUMAR SHAH 4. THE LEARNED DR STATED THAT THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY THE ABOVE ORDERS OF THE TRIBUNAL. ITA NO.325 AND 326/AHD/2010 SHRI HARNATH B. MANKAD VS ITO, WARD-15(1), AHMEDABA D SHRI SHRI HARISHBHAI S. CHHUNCHHA VS ITO, WARD -15( 1), AHMEDABAD 3 5. CONSIDERING THE ABOVE DISCUSSIONS, WE DO NOT FIN D ANY INFIRMITY IN THE ORDERS OF THE LEARNED CIT(A) IN DELETING THE ADDITIONS. 6. IN THE RESULT, BOTH THE DEPARTMENTAL APPEALS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (A. K. GARODIA) ACCOUNTANT MEMBER (BHAVNESH SAINI) JUDICIAL MEMBER LAKSHMIKANT DEKA/ LAKSHMIKANT DEKA/ LAKSHMIKANT DEKA/ LAKSHMIKANT DEKA/- -- - COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER D Y. REGISTRAR, ITAT, AHMEDABAD