The ITAT applied strict construction to an exemption claim under...

The ITAT applied strict construction to an exemption claim under section 10(23AAB) for premature surrender of a Unit Linked Insurance Pension Plan. Because the assessee surrendered the pension policy before fulfilling the statutory conditions, exemption was denied. The Tribunal held that equitable arguments, including absence of a prior deduction claim or the assertion that part of the receipt represented invested capital, could not override the express wording of the exemption provision. Once exemption was unavailable, the receipt was taxable under the charging provisions, including section 56(2), as sustained by the Commissioner (Appeals).