2006 (5) TMI 313 - AT - Income Tax

Tribunal affirms VRS payments as profit in lieu of salary, allowing relief under Income-tax Act

The Tribunal upheld the CIT(A)'s decision, ruling that the VRS payments received by the assessees should be treated as profit in lieu of salary, entitling ... Salaries - Relief available when salary is paid in arrears or in advance Issues:- Relief under section 89(1) of the Income-tax Act, 1961 for voluntary retirement scheme amounts.Analysis:The judgment addressed the common issue of relief under section 89(1) of the Income-tax Act, 1961 for voluntary retirement scheme (VRS) amounts received by the assessees. The assessees had taken voluntary retirement under a VRS offered by their employer, receiving amounts over and above regular retirement benefits. The Assessing Officer initially declined relief under section 89(1), arguing that VRS did not fall under compensation for termination of service as per rule 21A and that exemption was only available under section 10(10C), not allowing further relief. However, the CIT(A) considered various aspects.The first issue considered was whether VRS amounts constituted termination of service. Citing precedents, the CIT(A) noted that VRS amounts at the time of voluntary retirement should be regarded as salary, making relief under section 89(1) admissible. The second issue involved the limit imposed by the proviso to section 10(10C), with the CIT(A) clarifying that section 89(1) and section 10(10C) were independent, allowing relief under both provisions. The third issue was whether the amount received was ex gratia or compensation under section 17(3). The CIT(A) highlighted that VRS payments could be considered compensation for termination of service, making the assessee eligible for relief under section 89(1).The judgment referred to decisions by the Hon'ble Madras High Court and Mumbai Tribunal, supporting the eligibility of assessees for relief under section 89(1) in similar cases. Ultimately, the Tribunal upheld the CIT(A)'s decision, ruling that the payment received by the assessees should be treated as profit in lieu of salary, entitling them to relief under section 89 of the Act for the taxable portion of the amount received upon voluntary retirement. Consequently, all appeals of the Revenue were dismissed, affirming the assessees' entitlement to relief under section 89(1) for VRS amounts.