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The ITAT allowed the assessee's claim for proportionate exemption on gratuity and leave encashment received as retirement benefits, recognizing service rendered to the State Government entity from 29.07.1978 to 31.05.2005. The tribunal held that the assessee is entitled to exemption under the relevant provisions for the period of government service despite the assessing officer's initial denial. However, as the jurisdictional AO had not verified the service details, the matter was remitted for fresh verification and examination. The AO is directed to provide the assessee with a reasonable opportunity of hearing and allow the proportionate exemption accordingly. The appeal was disposed of with the grounds allowed for statistical purposes.
The ITAT allowed the assessee's claim for proportionate exemption on gratuity and leave encashment received as retirement benefits, recognizing service rendered to the State Government entity from 29.07.1978 to 31.05.2005. The tribunal held that the assessee is entitled to exemption under the relevant provisions for the period of government service despite the assessing officer's initial denial. However, as the jurisdictional AO had not verified the service details, the matter was remitted for fresh verification and examination. The AO is directed to provide the assessee with a reasonable opportunity of hearing and allow the proportionate exemption accordingly. The appeal was disposed of with the grounds allowed for statistical purposes.
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