DCIT, Trivandrum V. Shri V.A. John, Kottayam

ITA 969/COCH/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 4397 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-04-2010
• Appeal Filed By: Department
• Bench Allotted: DB
• Assessment Year: 2001-2002
• Appeal Filed On: 21-11-2008
• Court: TRIBUNAL
• Department Lawyers: T J VINCENT

Judgement Text

IN THE INCOME TAX APPELLATE T RIBUNAL COCHIN BENCH, COC HIN BEFORE SHRI N.VIJAYAKUMARAN AND SHRI SANJAY AROR A I.T.A. NOS./969 /COCH/2008 ASSESSMENT YEAR : 2001-02 DY. COMMISSIONER OF INCOME- TAX, INCOME-TAX, CIRCLE-2(1), TRIVANDRUM. VS. SHRI V.A.JOHN, ANAKKALLUMKAL, MANGALAM, P.O., KOTTAYAM- 686018. [PAN NO. J-1468] (REVENUE-APPELLANT) (ASSESSEE RESPONDENT) REVENUE BY SHRI T.J. VINCENT, DR ASSESSEE BY NONE I.T.A. NOS./968 /COCH/08 & CO NO. 01/COCH/2009 ASSESSMENT YEAR : 2004-05 DY. COMMISSIONER OF INCOME- TAX, CIRCLE-2(1), TRIVANDRUM. VS. LATE SHRI K.RADHAKRISHNAN, BY L/H MRS. BHAGAVATHY P., THOTTAM, MANACAUD, TRIVANDRUM. [PAN NO. AEOPP 3150J] (REVENUE-APPELLANT) (ASSESSEE - RESPONDENT) (AND VICE-VERSA) ASSESSEE BY SHRI A.S.NARAYANAMOORTHY, CA REVENUE BY SHRI T.J.VINCENT, DR O R D E R PER SANJAY ARORA, AM: THESE ARE A SET OF TWO APPEALS BY THE REVENUE, I.E ., FOR TWO DIFFERENT ASSESSES, RAISING THE SAME ISSUE, WITH THE ASSESSEE PREFERRIN G CROSS OBJECTION (C.O.) IN THE CASE OF ONE, WHICH, THOUGH, IS ONLY SUPPORTIVE IN NATURE, A RISING OUT OF THE ORDERS BY THE ITA. NOS. 968 & 969/COCH./2008 & C.O. NO.01/COCH/2 009 2 COMMISSIONER OF INCOME TAX (APPEALS)-I, TRIVANDRUM (CIT(A) FOR SHORT) DATED 28.8.2008 IN (I.T.A. NO. 968/COCH/2008) AND DATED 2 9.8.2008 IN (I.T.A.NO. 969/COCH/2008), FOR ASSESSMENT YEARS (AYS) 2004-05 AND 2001-02 RESPECTIVELY. 2. THE ONLY ISSUE ARISING IN THE PRESENT APPEALS IS THE EXIGIBILITY OF THE ASSESSEES CLAIM IN RESPECT OF VOLUNTARY RETIREMENT BENEFIT GR ANTED THERETO BY ITS EMPLOYERS, BEING RESERVE BANK OF INDIA AND UNION BANK OF INDIA, UNDE R THE OPTIONAL EARLY RETIREMENT SCHEME (OERS) AND VOLUNTARY RETIREMENT SCHEME (VRS) , EXTENDED TO ITS EMPLOYEES BY THE SAID EMPLOYER-BANKS DURING THE RELEVANT PREVIOU S YEAR U/S. 10(10C) AND 89(1) OF THE INCOME-TAX ACT, 1961 (THE ACT' HEREINAFTER). 3. THE LD. CIT(A), ALLOWED THE ASSESSEES APPEALS I N BOTH THE CASES, FOLLOWING THE ORDERS BY THE HIGHER APPELLATE AUTHORITIES, BEING T HE HONBLE HIGH COURT, INCLUDING THE HONBLE JURISDICTIONAL HIGH COURT, AS WELL AS BY TH E TRIBUNAL, CITING THEIR DECISIONS ON THE SAME ISSUE, WHICH ARE AS UNDER:- I) STATE BANK OF TRAVANCORE VS. CBDT & ANOTHER (2006) 282 ITR 587 (KER.) II) CIT VS. G.V.VENUGOPAL (2005) 273 ITR 307 (MAD) III) TRIBUNAL (COCHIN BENCH) ORDER IN I.T. A. NOS. 421 TO 427(COCH)/2007 DATED 26.10.2007. IV) TRIBUNAL (COCHIN BENCH) ORDER IN I.T.A . NOS. 88 TO 112(COCH)/2008 DATED 14.5.2008. 4. BEFORE US, THE REVENUE HAS NOT BEEN ABLE TO IN A NY MANNER CONTROVERT THE FINDINGS BY THE FIRST APPELLATE AUTHORITY. 5. WE FIND THE ISSUE AS SQUARELY COVERED BY THE CIT ED DECISIONS, WHEREIN IT STANDS DULY EXPLAINED THAT THE SAID BENEFIT U/S. 10(10C) W OULD EXTEND TO THE EMPLOYEES OF OFFICER GRADE, REJECTING THE REVENUES CONTENTION OF THE BE NEFICIARIES BEING NOT WORKMEN, SO THAT THEY WOULD NOT STAND TO BE ENTITLED TO THE BENEFIT UNDER THE SAID SECTION AND, FURTHER, THAT THE SAID AMOUNT WOULD, IN TERMS OF SECTION 17, QUAL IFY TO BE SALARY AND, THUS, EXIGIBLE TO ITA. NOS. 968 & 969/COCH./2008 & C.O. NO.01/COCH/2 009 3 THE RELIEF U/S. 89(1) OF THE ACT. WE, THEREFORE, F IND NO REASON TO INTERFERE WITH THE IMPUGNED ORDER(S) BY THE FIRST APPELLATE AUTHORITY, WHICH STAND UPHELD. 6. IN THE RESULT, BOTH THE REVENUES APPEALS ARE DI SMISSED, AND THE C.O. BY THE ASSESSEE, BEING ONLY SUPPORTIVE IN NATURE, NOT WARR ANTING ANY ADJUDICATION, IS ALSO DISMISSED. SD/- SD/- (N.VIJAYAKUMARAN) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: ERNAKULAM DATED : 30TH APRIL 2010 GJ COPY TO: 1. SHRI V.A. JOHN, ANAKALLUMKAL, MANGALAM P.O., KOT TAYAM-686018. 2 LATE SHRI K.RADHAKRISHNAN, BY L/H SMT. BHAGAVATHY . P THOTTAM, MANACAUD, TRIVANDRUM. 3. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1), TRIVANDRUM. 3. THE COMMISSIONER OF INCOME-TAX(A)-I, TRIVANDRUM. 4.COMMISSIONER OF INCOME-TAX,TRIVANDRUM.. 5. D.R./I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE. BY ORDE R (ASSISTANT RE GISTRAR) ITA. NOS. 968 & 969/COCH./2008 & C.O. NO.01/COCH/2 009 4