Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
The assessee, an employee who resigned voluntarily from Pfizer Healthcare India Pvt. Ltd., Aurangabad, received compensation which was accepted as capital in nature by the Assessing Officers after reopening assessments. The Revenue did not challenge this treatment nor initiate any section 263 proceedings, allowing it to attain finality. Relying on the ITAT Delhi ruling in ITO vs. Avirook Sen, where ex-gratia compensation paid voluntarily without employer obligation under service rules was held not to constitute section 17(3) income, the ITAT allowed the assessee's appeal. It held that the ex-gratia compensation received by the assessee was voluntary without employer obligation under service rules, and thus not taxable u/s 17(3). Consequently, the CIT(A)/NFAC order was set aside, directing the Assessing Officer to delete the addition.
The assessee, an employee who resigned voluntarily from Pfizer Healthcare India Pvt. Ltd., Aurangabad, received compensation which was accepted as capital in nature by the Assessing Officers after reopening assessments. The Revenue did not challenge this treatment nor initiate any section 263 proceedings, allowing it to attain finality. Relying on the ITAT Delhi ruling in ITO vs. Avirook Sen, where ex-gratia compensation paid voluntarily without employer obligation under service rules was held not to constitute section 17(3) income, the ITAT allowed the assessee's appeal. It held that the ex-gratia compensation received by the assessee was voluntary without employer obligation under service rules, and thus not taxable u/s 17(3). Consequently, the CIT(A)/NFAC order was set aside, directing the Assessing Officer to delete the addition.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
