Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
ITAT affirmed that section 10(10AA)(i) is confined to employees of the Central or State Government and does not extend to statutory corporations or government-owned companies; being owned or governed by State service rules does not render the employer a "State Government." The assessee, a retired PSU employee, falls within clause (ii) and is therefore eligible only for the capped exemption of Rs. 3,00,000 for leave encashment on superannuation. The Tribunal applied its coordinate bench precedent and dismissed the assessee's appeal, holding that any claim for exemption beyond Rs. 3,00,000 is not tenable under section 10(10AA).
ITAT affirmed that section 10(10AA)(i) is confined to employees of the Central or State Government and does not extend to statutory corporations or government-owned companies; being owned or governed by State service rules does not render the employer a "State Government." The assessee, a retired PSU employee, falls within clause (ii) and is therefore eligible only for the capped exemption of Rs. 3,00,000 for leave encashment on superannuation. The Tribunal applied its coordinate bench precedent and dismissed the assessee's appeal, holding that any claim for exemption beyond Rs. 3,00,000 is not tenable under section 10(10AA).
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